How Do You Change A Decree or Judgment?
If you have a court order, judgment or decree and you want to change it, there are several ways this can be done.
- Move to Vacate: this procedure involves filing a petition to set aside or overrule an earlier order. Generally, a court may vacate an order when there has been fraud, mistake or an error in drafting and entering the order or judgment.
- Move for a New Trial: if there are procedural errors or irregularities which occurred during a trial, then a motion for anew trial can be filed.
- Application for an Order Nunc Pro Tunc: this procedure can have the terms of an order or decree altered for good cause after the Court has ruled.
- Modification of a Decree: this procedure is available to a party where there is a change in circumstance or condition.
- Motion to Reconsider: this is a summary application for a court to reconsider its ruling shortly after it is entered and made part of court record.
All of these procedures have particular applications and most often research of facts and law will determine which apply. After the initial investigation of the facts and research of law, we can determine what is the proper course to follow. Thereafter, we file the correct pleading and go forward with further inquiries and filings. The Court may order a hearing or might decide based on sworn statements and documents which support your need to get the case reconsidered.
If you have a settlement agreement or if the Court has ordered a decree or entered a judgment, will all determine what needs to be shown or done to get a different result in court than you have.
Our firm has over thirty years of experience in these kinds of complex cases. We will help you to get the best result available.