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Motion to Vacate

Official Procedure Last Change October 14, 2022

Motion to Vacate

How to file: 

Location of event:   

  • Bankruptcy Events > Motions, Applications & Briefs > Vacate, Motion to
  • Adversary Events > Motions & Briefs > Vacate, Motion to

 
  • FRBP 1018 & 2003 & 9018

General Information

  • A Motion to Vacate should only be used to vacate an order for relief; to vacate/modify an order concerning secret, confidential, scandalous or defamatory matters; or to vacate a hearing set by the Court. See also, Motion for Relief from Judgment/Order.

Filing requirements

  • Motion must be signed by filing party
  • A Certificate of Service must accompany the Motion.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs and Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Vacate, Motion to from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. Check the box next to the Order or Hearing you are seeking to vacate and click Next.

11. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.

12. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.