Vacating Judgments and Appeals

Civil Litigation can be a very tricky process. Litigation is essentially warfare in the courts and the other side does not necessarily play fair. They may try to take advantage of mistakes you make or things that happen that have unexpected consequences. When faced with an unwelcome judgment against you there are several things that can be done.

1. Moving to Vacate the Judgment. Under the Codes you can move to set aside a judgment based on surprise, inadvertance, mistake or fraud. There is more to this than simply writing up a motion. Although the law says it favors a trial on the merits it is sometimes difficult to convince a judge of this. We can assist you in preparing such a motion and presenting your best arguments to try and get it set aside. Although you can always appeal an adverse judgment it is sometimes better to first try to vacate the judgment on motion. If successful this will be faster and cheaper than a full appeal.

2. Appealing the Judgment. You have 60 days after entry of a judgment against you to file a notice of appeal. Filing the notice of appeal transfers jurisidciton of the matter to the appellate court where a panel of three judges will take another look at the trial. Although it is not easy to convince them to overturn a judgment it does happen where the trial judge has made an error of law or failed to consider crucial evidence. This is a more time consuming and expensive project. This is because it takes time to review the trial evidence and rulings and research where the judge may have made a mistake. Judges and juries are not infalliable. They don't always make the right decisions. The appeal process is designed to allow you a new, impartial look at the situation. We have extensive experience in processing civil appeals and will be pleased to consult with you concerning whether an appeal is appropriate. In you are considering an appeal call us well in advance of the 60 day deadline. If you miss that date it is very difficult to save your right to an appeal.