Duhaime's Law Dictionary


Vacatur Definition:

Latin: to set aside a judgment.

For example, a successful appeal has the effect of rendering the judgment appealed vacatur; vacated; set aside.

An application can also be made to the court explicitly requesting the relief of vacatur; seeking thus to set aside a court order.

In United States v Williams, Justice Woods adopted these words as "correct as to the law":

"... when a conviction is vacated, the effect is to nullify the judgment entirely and place the parties in the position of no trial having taken place at all, thus a vacated judgment is of no further force or effect."

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