In California, a motion to vacate judgment is a formal petition submitted to the court requesting that a previously entered judgment be nullified due to legal defects or procedural irregularities. This remedy is available in both criminal and civil proceedings and is governed by statutes such as Penal Code Section 1473.7 for criminal cases and Code of Civil Procedure Sections 473(b) and 663 for civil matters. The primary objective of this motion is to rectify any injustices that may have occurred during the original adjudication, including violations of due process or improper notice.
Under Penal Code Section 1473.7, individuals convicted of a crime may seek to vacate their conviction if they can demonstrate that the judgment was legally invalid. Grounds for relief include newly discovered evidence, ineffective assistance of counsel, or failure to understand the immigration consequences of a plea.
For example, if it is later discovered that the prosecution withheld exculpatory evidence or relied on false testimony, the defendant may move to vacate the conviction. Relief may also be granted if the defendant was mentally incompetent at the time of trial or if post-conviction DNA testing proves innocence.
In civil cases, Code of Civil Procedure Section 473(b) allows a party to request that a judgment be set aside due to excusable neglect, mistake, inadvertence, or surprise. Section 663 provides additional grounds, such as errors in law or fact that materially affected the judgment. A typical example is when a party was not properly served with legal documents. This may render the judgment void for lack of jurisdiction.
In order to prevail on a motion to vacate in civil court, the moving party generally must demonstrate both a reasonable justification for failing to respond or appear and a meritorious defense to the underlying claims. This ensures that judgments are not enforced when they were obtained through unfair means or in violation of procedural safeguards.
If you have questions about filing a motion to vacate in California, it is advisable to set up a lawyer consultation with California lawyers who have experience in handling post-judgment relief matters. They can evaluate your case and guide you through the appropriate legal steps to protect your rights.
When Can a Motion To Vacate Judgment Be Granted in California?
As discussed earlier, a motion to vacate judgment in California may be granted when the moving party shows that the judgment was entered due to excusable neglect, newly discovered evidence, fraud, lack of proper service, or other significant legal errors.
In civil matters, California Code of Civil Procedure Section 473(b) and Section 663 provide the legal basis for such relief. These statutes allow a party to request that a judgment be set aside when, for example, they were not properly served with court documents or were unable to appear due to circumstances beyond their control. The court must be convinced that the applicant has both a reasonable excuse and a potentially meritorious defense to the original claim.
Examples of civil cases in which a motion to vacate may be granted include:
- Divorce
- Child custody. In these cases, a California child custody lawyer is often essential
- Visitation
- Default judgement
- Spousal support
- Child support
- Debt collection case. In these matters, a civil lawyer or California collection attorney is recommended due to the complexity of the law
- Any other family law matters
In criminal proceedings, California Penal Code Section 1473.7 permits a judgment to be vacated if it was obtained in violation of constitutional rights, through official misconduct, or if new evidence emerges that could not have been discovered earlier and would likely have changed the outcome.
This includes cases where the defendant was mentally incompetent at the time of trial or where post-conviction DNA testing proves innocence. As with civil motions to vacate a default judgment, a criminal motion to vacate must be supported by affidavits, declarations, and documentation that substantiate the grounds for relief.
In California, What Are the Steps for Filing a Motion To Vacate Judgment?
As noted earlier, filing a motion to vacate judgment in California follows a defined procedure that differs slightly depending on whether the case is civil or criminal. In civil matters, governed by California Code of Civil Procedure Sections 473(b) and 663, the party seeking relief must submit a written motion to the court that issued the judgment, clearly stating the legal grounds, such as excusable neglect, mistake, inadvertence, or lack of proper service. Supporting materials, including affidavits and evidence of a meritorious defense, are typically required to convince the court to set aside the judgment.
In criminal cases, under California Penal Code Section 1473.7, the defendant must file a motion with the court that entered the conviction, outlining the legal basis for vacating the judgment—such as constitutional violations, ineffective assistance of counsel, or newly discovered evidence.
The motion must be supported by sworn declarations and relevant documentation. If the motion raises substantial legal or factual issues, the court may hold a hearing, and the prosecution will have an opportunity to respond before a ruling is made.
The following is a list of general steps that one must take in order to file a motion to vacate judgment in California:
- Identify the appropriate statute (Code of Civil Procedure Section 473(b) or 663 for civil cases; Penal Code Section 1473.7 for criminal cases)
- Draft a written motion stating the legal grounds for vacating the judgment
- Attach supporting affidavits and evidence (e.g., proof of excusable neglect, ineffective counsel, or new exculpatory evidence)
- File the motion with the court that issued the original judgment
- Execute proper service of process on the opposing party and file an affidavit of service, in accordance with local court rules and procedures
- Await the court’s decision or attend a hearing if the court schedules one to evaluate the motion
What if This Is Not Accepted by the Courts as Evidence?
If a motion to vacate judgment is denied in California because the court finds the evidence insufficient or the legal grounds unconvincing, the filing party may also consider pursuing an appeal. This process involves requesting a higher court, typically the California Court of Appeal, in order to review the lower court’s decision for legal errors.
However, appeals are generally confined to questions of law rather than disputes over factual findings, and they must be filed within a strict deadline. In most civil cases, the notice of appeal must be filed within 60 days from the date the judgment or order was served with notice of entry.
Another option is to submit a renewed or amended motion to vacate, particularly if new evidence has surfaced or if the original motion was procedurally deficient. The revised motion should directly address the shortcomings identified by the court and include more robust supporting materials.
In civil cases, this may involve clearer documentation of excusable neglect or a more comprehensive affidavit of merit. In criminal cases, it could mean introducing additional constitutional arguments or newly discovered facts that were previously unavailable.
If neither an appeal nor a renewed motion is feasible, the party may explore alternative remedies such as filing a federal habeas corpus petition, such as in criminal matters, or engaging in settlement negotiations in civil disputes.
Legal counsel is often essential at this stage to assess the viability of the case and determine the most effective legal strategy. California courts are generally cautious about reopening finalized judgments, so persistence must be backed by compelling legal arguments and credible evidence.
Do I Need a California Lawyer for Help With a Motion To Vacate Judgment?
If you are considering filing a motion to vacate a judgment in California, it is strongly advised to promptly consult with an experienced California family lawyer or criminal defense lawyer, depending on the nature of your case. LegalMatch can assist you in connecting with the right legal professional for your specific circumstances and situation.
A California attorney can assess your case to determine whether or not a motion to vacate is the appropriate legal course of action. They will also be able to guide you through the procedural requirements, prepare and file the necessary legal documents and supporting evidence, and ensure compliance with California’s statutory deadlines. If a court hearing is required, your attorney can also advocate on your behalf and protect your interests throughout the proceedings.
