Maryland Motion to Vacate a Judgment

Introduction

Key Things to Know

1. 1

   Maryland frames this as the court's revisory power and control over a judgment. Under Md. Code, Cts. & Jud. Proc. 6-408, for 30 days after the entry of a judgment, or thereafter pursuant to a motion filed within that period, the court has revisory power and control over the judgment. The court decides whether to use it.

2. 2

   The 30-day window is short and runs from entry of the judgment. If you are inside it, file the motion within the 30 days; a motion filed in that period keeps the court's revisory power over the judgment after the period ends.

3. 3

   After the 30 days expire, 6-408 limits revisory power to cases of fraud, mistake, irregularity, or failure of an employee of the court or of the clerk's office to perform a duty required by statute or rule. Under Md. Rule 2-535(b), a circuit court may exercise revisory power on motion of any party filed at any time in case of fraud, mistake, or irregularity. Maryland's Appellate Court has read the Rule 2-535(b) grounds narrowly: "fraud" means "extrinsic fraud" of the type that prevents an adversarial trial; a "mistake" refers only to a "jurisdictional mistake"; and "irregularity" typically involves "a failure to provide required notice to a party." The failure of a court or clerk's office employee to perform a duty required by statute or rule is listed in 6-408 as a fourth ground after the 30 days.

4. 4

   Maryland's Appellate Court has described the kind of mistake that occurs when a judgment has been entered in the absence of valid service of process as falling under Rule 2-535(b). If you were not validly served, set out the service facts in detail. The court decides whether a ground is shown.

5. 5

   Do not assume that filing a motion to vacate pauses enforcement. If wages are being garnished or an account has been levied, ask the court in writing for a stay while the motion is pending, and ask the clerk how to have it heard quickly.

6. 6

   A confessed judgment has its own route under Md. Rules 2-611 and 3-611. The District Court's Notice of Publication or Posting for a confessed judgment (form DC-CV-008) says a motion may be filed within 30 days to open, modify or vacate the judgment, that the motion must state the legal and factual basis for defense to the claim, and it gives the date by which the defendant may file. Check the date on your own notice, and ask the clerk which deadline applies to your confessed judgment.

7. 7

   If the judgment was entered by default, also see the Maryland set-aside-default page at /legal-document/set-aside-default/maryland.

Maryland Requirements for Motion to Vacate

• 30-Day Revisory Window

  Md. Code, Cts. & Jud. Proc. 6-408: for 30 days after entry of a judgment, or thereafter pursuant to a motion filed within that period, the court has revisory power and control over the judgment.

• Grounds After 30 Days

  Cts. & Jud. Proc. 6-408: after 30 days, revisory power only in case of fraud, mistake, irregularity, or failure of a court or clerk's office employee to perform a duty required by statute or rule.

• Motion at Any Time

  Md. Rule 2-535(b): on motion of any party filed at any time, a circuit court may exercise revisory power over the judgment in case of fraud, mistake, or irregularity.

• Invalid Service

  The Appellate Court has described a judgment entered in the absence of valid service of process as the kind of mistake reviewable under Rule 2-535(b).

• Confessed Judgment Motion

  Md. Rules 2-611 and 3-611. The District Court Notice of Publication or Posting (form DC-CV-008) says a motion may be filed within 30 days to open, modify or vacate, stating the legal and factual basis for defense to the claim. Ask the clerk which deadline applies.

• Stay Request

  Ask the court in writing to stay enforcement while the motion is pending; do not assume filing pauses garnishment or a levy.

• Ground and Timeliness Statement

  State the date the judgment was entered and either that the motion is within 30 days or which ground (fraud, mistake, irregularity or employee failure) applies, with the supporting facts.