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 document filed with the court by a party involved in the litigation. It is a request for the court to set aside or “vacate” a judgment that has already been entered. It is based on the argument that the judgment was wrongfully entered or prejudicial to the party requesting the vacating of the original judgment. In Oregon, a motion to vacate a judgment in an insurance litigation case must be based on legal grounds, such as the filing of a fraudulent pleading; the judgment being received in absence of the defendant; an incorrect record of the proceedings; or the judgement being obtained by fraud. Once the motion is filed and served on the opposing party, both parties will receive the opportunity to present evidence, argue motions, and present case law in support of their positions. The court then makes a decision based on the arguments and evidence that was presented. If the court grants the motion to vacate a judgment, the original judgment no longer has any legal effect and the parties will have to continue litigating the case. If the court denies the motion, the original judgment remains in effect and can be enforced as per the law. Overall, a motion to vacate a judgment in an insurance litigation case is a formal request for the court to set aside a judgment that was entered in the past but is now seen as being wrongfully entered or prejudicial to one of the parties involved. It is a legal remedy available in the State of Oregon.

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