Motions to Reconsider or to Vacate

MOTION to RECONSIDER, MOTIONS to VACATE

Due Process – Lack of proper Notice of a hearing where an offensive order is entered is a violation of the constitutional right to due process and can form the basis of a Motion to Vacate which has no time limit for filing.

Motions to Vacate Default – If a Respondent is properly notified but fails to respond to a Petition or Motion, the Court can find the Respondent to be in default and grant the requested relief. Said orders will be vacated within 30 days because the court prefers to resolve issues on the facts and not on procedural grounds.

Motion to Reconsider – Once the Court has made a ruling, a Motion to Reconsider may be filed within 30 days. This does not mean you get "another bite at the apple". There must be something new for the court to consider.

Motions to Reconsider are Rarely Granted – Motions to Reconsider are usually filed to toll the time to file an Appeal. It is rare for the court to admit that it applied the law incorrectly, and it is rare for evidence that was not available before the hearing to be available immediately after the hearing.

Motions to Vacate After 30 Days – It is more difficult to vacate a properly noticed order after 30 days and requires proof of due diligence.

Whether you are contemplating, initiating or responding to a motion to reconsider or a motion to vacate default you can call a Divorce and Family Law Lawyer at The Divorce and Family Law Offices of Wakenight & Associates, P.C. to discuss your situation for FREE and begin planning your future.

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