How Can a Court Order Be Canceled?
Canceling a court order is a long and tedious process. Unless an individual has an absolute certain reason to do so, they should not entertain the idea of asking the court to cancel their order, as cancellations are granted in very few, specific, and special situations.
How To Cancel a Court Order
In order to cancel or set aside a court order, the individual will have to file a Request for Order to Set Aside, which is also known as a Motion to Vacate or a Motion to Set Aside. This essentially means that the individual is looking to undo the motions which resulted in the deliverance of the particular court order. Once the motion is filed, a judge will decide whether or not your request is valid, depending on the statements off the two opposing parties and their lawyers.
When Can a Court Order Cancellation Request Be Filed?
Owing to the fact that acceptance of a motion to vacate or set aside can be complicated, and the law allows only limited releases, it falls on the individual requesting the cancellation to prove that their request is valid. The judge listens to the arguments presented by both the parties, and whether the situation is actually applicable to the law or not. If the judge finds out that the individual requesting the motion has not filed a valid order, or if the situation is groundless, they will be ordered to pay the fees for the lawyers for both the opposing parties, in addition to paying fines for wasting the court's time.
In such a situation, it is best for individuals or parties to contact their lawyers and determine whether their reason for the cancellation of the court order is actually valid or not.
Situations Where Court Order Cancellations are Accepted
Some of the most common reasons why individuals or parties request for cancellation of court orders include the following reasons:
- The individual's own mistake, surprise, or inadvertence: If the individual misunderstood the law, and their reasoning extended beyond simply not understanding the law. These reasons include the individual not having received the correct information, relying on a third person for the court case, or simply not knowing what to do.
- The summons or notices did not reach the individual in time: If the court summons or notices did not reach the person in time, they would have not had enough time to act on the order of the court. For example, if the summons were printed in the newspaper and not sent directly to the person or party concerned, they would have very possibly missed it. Thus, in the request to the court, the individual would inexplicably have to mention that they did not receive the summons or notices to appear at the court, and their absence was not a result of negligence.
- The judgment against the individual was a mistake, or a result of fraud: The judgment made against the individual or party was caused as a result of misinformation or slander by opposing parties, or the opposing parties did not fully disclose all the details of the case to the individual concerned at the time the case was still in court. These instances include being kept out of the case through means of fraud, making false statements in order to sway the judgment of the court, not being allowed to show up in court under threats of harassment or death, or if there was a mistake by either party when sending disclosure requirements, or they did not comply with the regulations, to begin with.