Vacate

What vacate means

Put simply, vacate is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where vacate comes up

For example, the term appears in these procedures:

• Motion for Relief from a Judgment or Order (Fed. R. Civ. P. 60(b)): a motion asking the court to relieve a party from a final judgment, order, or proceeding for one of the reasons listed in Rule 60(b).

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses vacate in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• Judgment: the court's final decision determining the rights of the parties.
• Void judgment: a judgment entered without legal power to enter it. Federal Rule of Civil Procedure 60(b)(4) lists a void judgment as a ground for relief.
• Excusable neglect: a standard courts use to decide whether to excuse a missed deadline or mistake, considering the circumstances.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.