No, no, I said “vacate” not vacation. The beach is totally unrelated.
Hate that Court Order? Want to get rid of it? Our Divorce Guide will show you how!
If you’re still in the middle of the case (prejudgment), the best path is to file a motion for reconsideration. But if the case is over and the order/judgment is final, your options are much more limited. If you’re past the time to seek reconsideration (20 days) and the time to file an appeal (45 days), the last remaining option is a motion to vacate the judgment under Rule 4:50-1.
Rule 4:50-1 says the following:
“On motion, with briefs, and upon such terms as are just, the court may relieve a party or the party’s legal representative from a final judgment or order for the following reasons: (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence which would probably alter the judgment or order and which by due diligence could not have been discovered in time to move for a new trial under R. 4:49; (c) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (d) the judgment or order is void; (e) the judgment or order has been satisfied, released or discharged, or a prior judgment or order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or order should have prospective application; or (f) any other reason justifying relief from the operation of the judgment or order.” [R. 4:50-1.]
The Guide now goes in-depth as to each reason to set aside a judgment under the Rule, and for those of you dying to get rid of that pesky Court Order, it’s a must read: [Divorce Guide – How to Vacate a Court Order.]
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