Motions to Reconsider or to Vacate
Illinois Family Lawyers Help When You’ve Been Served or Want to Serve Another
The United States justice system has written in rules and laws to help protect you before, during, and after trial. These issues require proper notice and appropriate documents and paperwork to be filed in a timely manner. 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.
When this issue occurs, contact an Illinois family law attorney from Wakenight & Associates, P.C. for help. We can be reached in any of the following counties:
- In Cook County: (708) 480-9651
- In DuPage, Kane, or Kendall Counties: (630) 528-0734
- In Will, Kankakee, Grundy, or South Cook Counties: (815) 458-5660
Types of Motions
Whether you are filing a motion or have been served yourself, it is important to know your rights and legal options regarding each document.
There are different types of motions you can file or have served against you. These include:
- 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
- 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
- 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 usually filed to toll the time to file an appeal.
Legal Help with Complicated Issues
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, but it does happen. When this is the case, do not hesitate to seek representation from our skilled Illinois family law attorneys at Wakenight & Associates, P.C.