- 1). Connect with your attorney and determine your chances of winning an order to vacate the previous judgment. Have your attorney write up a motion to vacate to submit to the court. Include in the motion the points that clearly spell out why the prior judgment was an error or a bad decision. Include references of past court decisions that support your position.
- 2). Submit the motion to the court for a hearing on the matter within 30 days of the original decision. Pay the necessary motion filing fees to the court clerk.
- 3). Send a copy to the opposing party within the local court rules' required time period to provide sufficient notice and chance to respond. Use some kind of certified mail or tracking to confirm your delivery. Wait for the opposing party to file their motion response.
- 4). Respond to any arguments made by the opposing party in their response via a motion rebuttal and file it with the court within your required response time window. Again, file a copy with the court clerk and send a courtesy copy to the opposing party. Wait for the court clerk to set the hearing date.
- 5). Appear at the court hearing. Wait for your turn to petition the judge. Let your attorney make your argument for you and your points. Answer any of the judge's questions truthfully and concisely.
- 6). Wait for the opposing party to make his presentation. Rebut any opposing arguments if given the chance by the judge. Wait for the judge to issue a decision.
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