Motion to Vacate or Set Aside a Judgment

Q: How do I vacate a judgment?

Get a copy of the judgment and the case number, identify the ground your state's rule allows, and check the time limit for that ground and what starts it. Draft a motion that names the ground, cites the rule and sets out the facts, attach any affidavit or proposed answer your state requires, file it in the court that entered the judgment, serve the other parties and attend any hearing the court sets.

Q: What are the grounds to vacate a judgment?

Many states list similar grounds: mistake, inadvertence, surprise or excusable neglect; newly discovered evidence that could not have been found in time; fraud or misconduct by the other side; a void judgment, for example one entered without valid service; a judgment that has been satisfied or released; and, in some states, any other reason justifying relief. The wording, numbering and limits differ by state.

Q: How long do I have to file a motion to vacate a judgment?

It depends on the state and the ground. Many states require a reasonable time for every ground and set an outer limit for mistake, new evidence or fraud, which can be a year or 6 months in some states. Some limits are measured in days or weeks. Treat the limit as strict and file as early as you can.

Q: Is a motion to vacate the same as a motion to set aside a judgment?

Usually they describe the same request: asking the court to undo its own judgment. States use different terms, such as vacate, set aside, open, relief from judgment, new trial or petition, and some use a separate procedure after a short window closes. Use the term and rule your state's court uses.

Q: How do I vacate a default judgment?

For a default judgment, entered because a party did not respond or appear, also see /legal-document/set-aside-default, which covers that route by state.

Q: Does filing a motion to vacate stop collection or garnishment?

Not by itself in many states. Collection, garnishment or a levy can continue while the motion is pending unless the court grants a stay. Ask for a stay in writing, either in the motion or in a separate request, and be ready for the court to set conditions or require a bond. Keep complying with the judgment until the court orders otherwise.

Q: Can I vacate a small claims judgment?

Often, yes, but small claims, justice or magistrate courts can have their own rule and a much shorter deadline than the general civil rule, sometimes counted in days from the judgment or its notice. Ask the clerk of the court that entered the judgment which rule applies and when the time runs out.

Q: What should a motion to vacate include?

A complete motion has the case caption and number, the date the judgment was entered and when you received notice, the ground or grounds with the rule subsection, the facts that support each ground, a statement that the motion is timely, any defense the state requires, the relief requested, an optional request for a stay, your signature and a certificate of service.

Q: Is a motion to vacate the same as an appeal?

No. A motion to vacate asks the same court that entered the judgment to set it aside, usually for a reason outside the record such as mistake, fraud or lack of service. An appeal asks a higher court to review errors in the decision. The two have separate deadlines, and filing a motion may not extend the time to appeal, so check both.

Q: What happens after I file a motion to vacate?

The other side can respond, and the court may decide on the papers or set a hearing. If the court grants the motion, the judgment is set aside and the case usually goes back to an earlier stage, such as an answer or a new trial. If it denies the motion, the judgment stands.

Ask the court that entered a civil judgment to set it aside on a ground your state's rule lists.

Find out where you stand — what state are you in?

DocDraft provides document preparation, not legal advice.

Introduction

A motion to vacate asks the court that entered a civil judgment to set it aside. The court decides, and relief needs a ground the rule lists, such as mistake, new evidence, fraud or a void judgment. Time limits differ by state and ground, and some are short.

Key Things to Know

1
The court decides whether to vacate a judgment. Relief is discretionary, and the motion must show a ground the state's rule lists, with specific facts. Being unhappy with the result is not a ground, and no ground is sure to succeed.
2
Time limits differ by state and by ground. Many states require every motion within a reasonable time and set an outer limit for mistake, new evidence or fraud. That outer limit varies by state, and some limits are measured in days or weeks. The state pages linked below give their own limits.
3
Check what starts the clock. Depending on the state and the ground, it can be entry of the judgment, the date it was signed, notice of entry, service of the judgment or discovery of the fraud. Counting from the wrong date can make a motion late.
4
A judgment entered without valid service or without jurisdiction is often called void. Many states hold a void-judgment motion to a reasonable time rather than a fixed outer limit, but delay can still hurt, so move promptly once you learn of the judgment.
5
Do not assume that filing stops enforcement. In many states, collection, garnishment or a levy can continue while the motion is pending unless the court grants a stay. Ask for a stay in writing, and expect the court to set conditions or require security.
6
Some states require more than the motion itself, such as a supporting affidavit or declaration, a meritorious defense, a proposed answer attached to the motion, or a filing fee. The state pages list what each rule requires.
7
States use different names and tracks. The same request can be called a motion to vacate, a motion to set aside, a motion to open, relief from judgment, a new trial or a petition, and small claims, justice or magistrate court and eviction judgments can follow their own rules and shorter deadlines.

Motion to vacate time limits by state

The main time limits for a motion to vacate a judgment in the 36 states that have a page below, and the rule that sets them. Limits differ by ground and by court, and many rows show the outer limit for mistake, new evidence or fraud. Open a state's page for each ground's limit, what starts the clock, what the motion must include and any small claims, justice or magistrate court track.

State	Main time limit	Rule
Alaska	(1) mistake, (2) new evidence or (3) fraud: reasonable time, at most one year after notice of judgment; void: reasonable time	Alaska R. Civ. P. 60(b)
California	Mistake, surprise or excusable neglect: reasonable time, at most 6 months after the judgment; other routes: see state page	CCP 473(b)
Connecticut	Motion to open: four months after notice was sent, barring continuing jurisdiction or other law; other routes: see state page	C.G.S. 52-212a
Delaware	JP debt, trespass, replevin default, (b)(1)-(3): 15 days after it, 30 if certified-mail service; other routes: see state page	Del. JP Civil Rule 60(c)
Florida	(1) mistake, (2) new evidence or (3) fraud: reasonable time, at most 1 year after entry; void or (5): reasonable time	Fla. R. Civ. P. 1.540(b); Sm. Cl. R. 7.190
Georgia	Non-void grounds: within 3 years from entry; void for lack of jurisdiction: any time; clerical mistakes: any time	O.C.G.A. 9-11-60
Idaho	(1) mistake, (2) new evidence or (3) fraud: reasonable time, at most 6 months from entry or proceeding; void: reasonable time	I.R.C.P. 60(b)
Illinois	Motion: 30 days after entry; later, petition: 2 years after entry, not counting disability, duress or fraudulent concealment	735 ILCS 5/2-1301(e), 5/2-1401
Indiana	(1) mistake, (2) new evidence or (3) fraud: not more than one year after entry; other routes: see state page	Ind. Trial Rule 60(B)
Iowa	Petition filed and served in the original action within one year after entry; other routes: see state page	Iowa R. Civ. P. 1.1012, 1.1013
Kansas	(1) mistake, (2) new evidence or (3) fraud: reasonable time, at most one year after entry; other routes: see state page	K.S.A. 60-260(b), (c)
Louisiana	Fraud or ill practices: one year from discovery; vices of form: any time, subject to art. 2003; other routes: see state page	La. C.C.P. arts. 2001-2006
Maryland	30 days after entry; later, only for fraud, mistake, irregularity or a court or clerk employee's failure of duty	CJP 6-408; Md. Rule 2-535(b)
Massachusetts	(1) mistake, (2) new evidence due diligence could not find in time or (3) fraud: reasonable time, at most a year after entry	Mass. R. Civ. P. 60(b)
Minnesota	(a) mistake, (b) new evidence due diligence could not find in time or (c) fraud: reasonable time, at most a year after entry	Minn. R. Civ. P. 60.02
Nebraska	District court motion after term: within six months after entry; other routes: see state page	Neb. Rev. Stat. 25-2001(1)
Nevada	Mistake, new evidence or fraud: reasonable time, at most 6 months after the proceeding or served notice of entry, if later	NRCP 60(b), 60(c)(1)
New Hampshire	Petition for new trial in superior court: three years after the judgment or failure of the suit; other routes: see state page	RSA 526:1, 526:2, 526:4
New Jersey	(a) mistake, (b) new evidence or (c) fraud: reasonable time, at most one year after entry; (d) to (f): reasonable time	R. 4:50-1, 4:50-2
New Mexico	(1) mistake, (2) new evidence or (3) fraud: reasonable time, at most one year after entry; void (4): any time	Rule 1-060(B) NMRA
New York	Excusable default: one year after the judgment is served on you with written notice of entry; other routes: see state page	CPLR 5015(a)(1)
North Dakota	(1) to (3): reasonable time, at most one year after notice of entry if the other party appeared, or after a default's entry	N.D.R.Civ.P. 60(b), 60(c)(1)
Ohio	(1) mistake, (2) new evidence or (3) fraud: reasonable time, at most a year after entry; show a meritorious defense or claim	Ohio Civ.R. 60(B)
Oklahoma	Motion within 30 days after the judgment is filed with the court clerk; other routes: see state page	12 O.S. 1031.1
Oregon	(a) mistake, (b) new evidence or (c) fraud: reasonable time, at most one year after you received notice of the judgment	ORCP 71 B
Pennsylvania	Default or non pros petition: presumed timely if filed within ten days after docketing; other routes: see state page	Pa.R.C.P. 237.3
South Carolina	(1) mistake, (2) new evidence or (3) fraud: reasonable time, at most one year after entry; void or satisfied: reasonable time	SCRCP 60(b)
South Dakota	(1) mistake, (2) new evidence or (3) fraud: reasonable time, at most one year after entry; small claims: any time	SDCL 15-6-60(b), 15-39-75
Tennessee	(1) mistake or (2) fraud: reasonable time, at most one year after entry; other routes: see state page	Tenn. R. Civ. P. 60.02
Texas	Outside justice court, new trial or to modify: within 30 days after the judgment is signed; other routes: see state page	Tex. R. Civ. P. 329b
Utah	(1) mistake, (2) new evidence or (3) fraud: reasonable time, at most 90 days after entry; void and others: reasonable time	Utah R. Civ. P. 60(b)
Virginia	Trial court may modify, vacate or suspend a final judgment only within 21 days after entry; other routes: see state page	Rule 1:1
Washington	(1) mistake or (3) new evidence: reasonable time, at most 1 year after entry; other routes: see state page	CR 60(b)
West Virginia	(1) mistake, (2) new evidence or (3) fraud: reasonable time, at most a year from entry; other routes: see state page	W. Va. R. Civ. P. 60(b)
Wisconsin	Mistake, surprise, excusable neglect or fraud: reasonable time, at most one year after entry; new evidence: s. 805.16 time	Wis. Stat. 806.07
Wyoming	(1) mistake, (2) new evidence or (3) fraud: reasonable time, at most a year after entry; other routes: see state page	W.R.C.P. 60(b), 60(c)(1)

Key Decisions

The Judgment

Grounds and Enforcement

Motion to Vacate Requirements

File in the Court That Entered the Judgment
The motion is filed in the same case, in the court that entered the judgment, under that case's caption and number. Some states use a separate petition or action once a short window after entry has closed.
File Within the Time Limit for Your Ground
Each ground has its own time limit, set by the state's rule. Some run from entry of the judgment, others from notice of entry, service or discovery of the fraud, and some are short. A late motion can be denied for that reason alone.
State a Ground the Rule Lists
Name the ground, cite the rule and subsection that allow it, and set out the specific facts that support it. Disagreement with the result is not a ground, and the court decides whether the facts meet the rule.
Support the Facts With an Affidavit or Declaration
Where the rule requires it, or where the facts are outside the court record, attach a sworn affidavit or a declaration under penalty of perjury, with the documents that back it up.
Show a Defense or Attach an Answer Where Required
Some states require a showing of a meritorious defense, or a proposed answer or other pleading attached to the motion, especially when the judgment was entered by default. Follow the state's rule.
Ask Separately for a Stay of Enforcement
In many states, filing does not by itself stop enforcement of the judgment. If collection, garnishment or a levy needs to pause, ask the court for a stay in writing. The court may set conditions or require security.
Serve the Other Parties and Keep Proof
Serve a copy of the motion and its attachments on every other party or their attorney, file a certificate of service, and attend any hearing the court sets on the motion.
Pay the Filing Fee or Ask for a Waiver
Some courts charge a fee to file the motion. Ask the clerk what it costs, and request a fee waiver if you cannot afford it.

Customize your Motion to Vacate Template with DocDraft

MOTION TO VACATE

IN THE NAME OF COURT COUNTY OR DISTRICT, STATE

PLAINTIFF NAME, Plaintiff, v. DEFENDANT NAME, Defendant.

Case No. CASE NUMBER

MOTION TO VACATE JUDGMENT

MOVANT NAME, the PLAINTIFF OR DEFENDANT in this case ("Movant"), asks the Court to vacate the judgment entered against Movant, and states:

THE JUDGMENT On DATE JUDGMENT ENTERED, the Court entered a judgment against Movant in the amount of AMOUNT OR OTHER RELIEF GRANTED. Movant received notice of the judgment on DATE OF NOTICE OR SERVICE, by METHOD OF NOTICE.
GROUNDS Movant asks the Court to vacate the judgment under RULE OR STATUTE NUMBER on the following ground or grounds: [IF MISTAKE OR EXCUSABLE NEGLECT: The judgment resulted from mistake, inadvertence, surprise or excusable neglect, because SPECIFIC FACTS EXPLAINING WHAT HAPPENED AND WHY.] [IF NEWLY DISCOVERED EVIDENCE: Movant has found evidence that could not have been discovered with reasonable diligence in time for the trial or a motion for new trial, namely EVIDENCE AND WHEN IT WAS FOUND, and it would likely change the result because REASON.] [IF FRAUD OR MISCONDUCT: The opposing party obtained the judgment through fraud, misrepresentation or other misconduct, namely SPECIFIC FACTS.] [IF VOID JUDGMENT: The judgment is void because FACTS, SUCH AS NO VALID SERVICE OF PROCESS OR NO JURISDICTION OVER MOVANT OR THE SUBJECT MATTER.] [IF SATISFIED OR RELEASED: The judgment has been satisfied, released or discharged on DATE, as shown by ATTACHED PROOF.] [IF OTHER GROUND ALLOWED BY THE RULE: GROUND AND SUBSECTION, AND THE SPECIFIC FACTS THAT SUPPORT IT.]
TIMELINESS This motion is filed on DATE OF FILING, which is NUMBER days after DATE THE TIME LIMIT STARTS, such as entry, notice of entry, service or discovery of the fraud. It is within a reasonable time and within the time RULE OR STATUTE NUMBER allows for each ground stated above.
DEFENSE [IF APPLICABLE: Movant has a meritorious defense to the claim, namely SUMMARY OF THE DEFENSE.] [IF APPLICABLE: A proposed answer or other responsive pleading is attached as Exhibit A.]
SUPPORTING EVIDENCE The facts in this motion are supported by the attached affidavit or declaration of MOVANT NAME and by these exhibits: LIST OF EXHIBITS.
REQUEST FOR STAY [IF APPLICABLE: Movant asks the Court to stay enforcement of the judgment, including any garnishment, levy or execution, while this motion is pending, on any conditions or security the Court sets.]
RELIEF REQUESTED Movant asks the Court to: a. vacate the judgment entered on DATE JUDGMENT ENTERED; b. allow Movant to file an answer or proceed to a hearing or trial on the merits; c. grant any other relief the Court finds just.

Dated: DATE

MOVANT SIGNATURE PRINTED NAME ADDRESS PHONE NUMBER AND EMAIL

DECLARATION I, MOVANT NAME, declare under penalty of perjury that the facts stated in this motion are true and correct to the best of my knowledge.

MOVANT SIGNATURE DATE

CERTIFICATE OF SERVICE I certify that on DATE OF SERVICE, I served a copy of this motion and its attachments on NAME OF EACH OTHER PARTY OR ATTORNEY by METHOD OF SERVICE, at ADDRESS.

MOVANT SIGNATURE

Frequently Asked Questions

How do I vacate a judgment?

What are the grounds to vacate a judgment?

How long do I have to file a motion to vacate a judgment?

Is a motion to vacate the same as a motion to set aside a judgment?

How do I vacate a default judgment?

Does filing a motion to vacate stop collection or garnishment?

Can I vacate a small claims judgment?

What should a motion to vacate include?

Is a motion to vacate the same as an appeal?

What happens after I file a motion to vacate?

Find out where you stand — what state are you in?

Introduction

Key Things to Know

Motion to vacate time limits by state

Key Decisions

The Judgment

Grounds and Enforcement

Motion to Vacate Requirements

File in the Court That Entered the Judgment

File Within the Time Limit for Your Ground

State a Ground the Rule Lists

Support the Facts With an Affidavit or Declaration

Show a Defense or Attach an Answer Where Required

Ask Separately for a Stay of Enforcement

Serve the Other Parties and Keep Proof

Pay the Filing Fee or Ask for a Waiver

Customize your Motion to Vacate Template with DocDraft

Frequently Asked Questions