Motion to Vacate Judgment

When the motion to vacate judgment is used

Timing: after a judgment is entered — within 28 days for a Rule 59(e) motion, and within a reasonable time (no more than a year for some grounds) under Rule 60(b). Post-trial motions come after a verdict or judgment. Their deadlines are short, so timing matters a great deal.

What the rule requires

• First, a party may move to alter or amend a judgment, but it must file that motion no later than 28 days after the entry of the judgment (Rule 59(e)).
• Second, the court may correct a clerical mistake, or a mistake arising from oversight or omission, whenever it finds one in a judgment, order or other part of the record. However, once an appeal is docketed and while it is pending, the court needs the appellate court's leave to make the correction (Rule 60(a)).
• Third, on motion and just terms, the court may relieve a party from a final judgment, order or proceeding for the reasons Rule 60(b) lists: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, the party could not have discovered in time to move for a new trial under Rule 59(b); (3) fraud, misrepresentation or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released or discharged, it is based on an earlier judgment that a court has reversed or vacated, or applying it prospectively is no longer equitable; or (6) any other reason that justifies relief.

More rules for the motion to vacate judgment

• In addition, the party must make a Rule 60(b) motion within a reasonable time — and for reasons (1), (2) and (3) no more than a year after the entry of the judgment or order or the date of the proceeding (Rule 60(c)(1)).
• For defaults, the court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b) (Rule 55(c)).
• Finally, a Rule 60(b) motion does not affect the judgment's finality or suspend its operation (Rule 60(c)(2)). So a party who needs enforcement paused must ask for a stay separately.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 55(c), 59(e), 60(a)–(c) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion to vacate judgment in state court

This page covers the federal version. In state court, the motion to vacate judgment may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Void: having no legal effect from the beginning, as if it never existed.
• Ab initio: latin for "from the beginning." Something void ab initio is treated as having had no legal effect from its start, not just from the time it is declared void.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion for Relief from a Judgment or Order: 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).
• Motion to Alter or Amend a Judgment: a request that the court change its judgment.
• Motion to Set Aside a Default (Motion to Vacate Default): a request to undo an entry of default, or a default judgment.
• Motion to Correct a Clerical Mistake: a request to fix a clerical mistake, or a mistake arising from oversight or omission, in a judgment, order or other part of the record.
• Notice of Appeal: the filing that starts an appeal from a federal district court to a court of appeals.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Examples from the largest state court systems

Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.

Find the rule in your state

In your state's rules, look for the rule on motion to vacate judgment. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.