In New York, a motion to vacate judgment is a formal request that is made to the court to overturn a previously entered judgment due to specific legal flaws or procedural errors. This legal remedy is available in both criminal and civil cases and is governed respectively by Criminal Procedure Law Section (“CPL”) 440.10 and Civil Practice Law and Rules (“CPLR”) Section 5015. The overall purpose of this motion is to correct any injustices that may have occurred during the original proceedings, such as violations of due process or lack of proper notice.
Under Criminal Procedure Law Section 440.10, a criminal defendant may ask the court to set aside a criminal conviction if there are valid reasons to believe the judgment was unjust. These reasons can include newly discovered evidence, constitutional violations, or misconduct that affected the fairness of the trial.
For example, if it’s revealed that the prosecution relied on false testimony or withheld exculpatory evidence, the defendant may seek to vacate the judgment. The statute also allows relief when the defendant was mentally unfit to stand trial or when DNA evidence later proves innocence.
In civil matters, Civil Practice Law and Rules Section 5015(a) outlines the grounds for vacating a judgment, such as excusable default, fraud, lack of jurisdiction, or the discovery of new evidence that could have changed the outcome. A common example is when a party was not properly served with court papers, making the judgment void.
In order to succeed, the moving party typically must show both a reasonable excuse for missing the original court date and a valid defense to the claims made. This ensures that judgments are not enforced when they were obtained unfairly or without proper legal procedure.
Should you have any questions regarding a motion to vacate or declaration, it is recommended to set up a lawyer consultation with New York lawyers experienced in handling a motion to vacate. They will be able to answer any questions you may have and help you determine your best course of legal action.
When Can a Motion To Vacate Judgment Be Granted in New York?
As mentioned above, a motion to vacate judgment in New York may be granted when the moving party demonstrates that the judgment was entered due to excusable default, newly discovered evidence, fraud, lack of jurisdiction, or other substantial legal defects.
In civil cases, CPLR Section 5015(a) outlines these grounds, allowing relief when, for example, a party was not properly served or was prevented from appearing due to circumstances beyond their control. The court must be satisfied that the applicant has both a reasonable excuse and a potentially valid defense to the original claim.
Examples of civil cases in which a motion to vacate may be granted include:
In criminal cases, Criminal Procedure Law Section 440.10 permits a judgment to be vacated if it was obtained in violation of constitutional rights, through misrepresentation or misconduct, or if new evidence emerges that could not have been discovered earlier and would likely have changed the outcome.
This includes situations where the defendant was mentally incompetent at trial or where DNA evidence later proves innocence. Once again, the motion to vacate or motion to vacate a default judgment must be supported by affidavits and documentation that substantiate the claim for relief.
In New York, What Are the Steps for Filing a Motion To Vacate Judgment?
As mentioned above, filing a motion to vacate judgment in New York involves a structured process that varies slightly depending on whether the case is civil or criminal. In civil matters, governed by CPLR Section 5015, the party seeking relief must prepare a written motion explaining the grounds for vacating the judgment, such as excusable default or lack of jurisdiction, and submit it to the court that issued the judgment. Supporting documents, including affidavits and evidence of a meritorious defense, are generally also required to persuade the court to grant the motion.
In criminal cases, under Criminal Procedure Law Section 440.10, the defendant must file a motion with the court that entered the conviction, detailing the legal basis for vacating the judgment, such as constitutional violations or newly discovered evidence. The motion must include sworn affidavits and relevant documentation. The court may schedule a hearing if the motion raises substantial issues, and the prosecution may respond before the judge makes a decision.
The following is a list of general steps that one must take in order to file a motion to vacate judgment in New York:
- Identify the appropriate statute (CPLR Section 5015 for civil cases, CPL Section 440.10 for criminal cases)
- Draft a written motion stating the legal grounds for vacating the judgment
- Attach supporting affidavits and evidence (i.e., provide proof of excusable default or new evidence)
- File the motion with the court that issued the original judgment
- Execute proper service of process of the motion on the opposing party and file the affidavit of service, as required by local court rules and procedures
- Await the court’s decision or attend a hearing if the court schedules a hearing on the matter
What if This Is Not Accepted by the Courts as Evidence?
If a motion to vacate judgment is denied in New York because the court does not accept it as sufficient evidence or finds the legal grounds lacking, then the filing party may also consider filing an appeal. The appeal process involves asking a higher court to review the lower court’s decision for legal errors.
However, appeals are generally limited to issues of law, not factual disputes, and must be filed within a specific time frame. This is usually 30 days from the date of service of the judgment or order with notice of entry.
Another option is to file a renewed or amended motion to vacate, especially if new evidence becomes available or if the initial motion was procedurally flawed. The party must ensure that the revised motion addresses the deficiencies cited by the court and includes stronger supporting documentation. In civil cases, this might involve clearer proof of excusable default or a more detailed affidavit of merit. In criminal cases, it could mean presenting additional constitutional claims or newly discovered facts.
If neither an appeal nor a renewed motion is viable, the party may explore alternative remedies such as seeking relief through federal habeas corpus (in criminal matters) or pursuing settlement negotiations in civil cases.
Legal representation is often crucial at this stage to evaluate the strength of the case and determine the most strategic path forward. Courts are generally reluctant to reopen judgments without compelling justification, so persistence must be paired with solid legal reasoning and evidence.
Do I Need a New York Lawyer for Help With a Motion To Vacate Judgment?
If you are considering filing a motion to vacate a judgment, then it is highly recommended to immediately consult with an experienced New York family lawyer or criminal lawyer, depending on the circumstances of your case. LegalMatch can assist you in finding the appropriate lawyer for your given case.
An attorney will be able to evaluate your case to determine if a motion to vacate is an appropriate legal remedy. They can then assist you in the process and file all of the necessary pleadings and evidence. Finally, should a court hearing be necessary, they can also represent your interests in court, as needed.
