What is a motion to vacate a judgment in an insurance litigation case?
A motion to vacate a judgment in an insurance litigation case is a legal request for the court to reverse a judgment. The motion typically claims that the judgment was the result of an error in legal proceedings. For example, the motion may claim that a mistake was made during trial, or that the wrong person was named as the defendant in the case. In New Hampshire, a party may file a motion to vacate a judgment within a year of the original judgment being issued. Before filing, they must provide a good reason for their request. Reasons can include claims regarding improper service of process, fraud, newly discovered evidence, or lack of jurisdiction. The court will consider the motion and decide if the judgment should be vacated. If the judgment is vacated, the court will typically set a new trial date to start the case over. If the court decides to keep the judgment, the motion to vacate will be denied. In New Hampshire, the court is required to consider all motions to vacate judgments, as they are seen as an important part of ensuring that justice is served in insurance litigation cases.
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