vacatur

Vacatur is a judicial act by which a court invalidates or annuls a prior judgment, order, or ruling, typically restoring the parties to the positions they held before the judgment. A vacated judgment is treated as no longer effective to the extent specified by the order, and the case may proceed as if the prior decision had not final effect, or the court may direct a new trial or other remedy.

Grounds for vacatur commonly include lack of subject matter or personal jurisdiction, improper service or due process deficiencies, fraudulent or material misrepresentations, clerical or recording errors, and other substantial irregularities affecting the integrity of the proceedings. In civil practice, a motion to vacate is a typical mechanism and may be governed by specific rules, such as Rule 60(b) in federal practice. In criminal practice, petitions for post-conviction relief or motions to vacate sentences seek to nullify all or part of a conviction or sentence under applicable statutes and procedures.

Procedural effects and scope can vary by jurisdiction and by type of case. If granted, a court may set aside the judgment, dismiss the case, or order a new trial or other relief. Vacatur is generally aimed at correcting errors or injustices while balancing the need for finality in judgments; it does not automatically erase all consequences of a judgment, including certain collateral effects.

Examples of use include vacating a civil judgment for lack of jurisdiction, vacating a default judgment, or vacating a criminal conviction following successful post-conviction relief.