"Vacate" redirects here. Not to be confused with Vacation.
A vacated judgment (also known as vacatur relief) legally voids a previous legal judgment. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (a motion to vacate) or sua sponte (at the court's initiative).[1]
A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment.
Another means of having a vacated judgment would be if the defendant dies prior to all appeals being exhausted. Notable defendants having their convictions vacated under this include Kenneth Lay, the former Chairman and CEO of Enron who died before sentencing, and Aaron Hernandez, a former football player who killed himself in jail before his appeals were exhausted. In the latter case, the vacatur was itself later overturned.[2]
^Hamilton, Theodore J. (2021). "A Final Judgment Is Not Always Final: The Relief from Final Judgment Rule". Commercial Law World. 35: 18. Retrieved 6 October 2023.
^Tony Marco; Ray Sanchez (13 March 2019). "Aaron Hernandez's murder conviction reinstated by high court". CNN.
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