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A.J.
A.J., Attorney
Category: Bankruptcy Law
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Experience:  Experienced consumer bankruptcy attorney.
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Is a motion to vacate considered the same as an appeal?

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Is a motion to vacate considered the same as an appeal?

SavyLawyer :

Hello, and thank you for contacting Just Answer.


 

SavyLawyer :

No. Generally, a motion to vacate is made to the court issuing an order or decision. It is basically asking the court to change it's mind for whatever reason is stated. An appeal, on the other hand, is made to a higher court after a decision has been made by a lower court, asking the higher court to reverse the decision of the lower court. While each may have the same ultimate effect, they are very different requests of two different courts.


 

SavyLawyer :

A motion to vacate is a request to the trial court asking for a decision to be changed, an appeal is a request to an appeal court asking for a decision by the trial court to be overturned.


 

SavyLawyer :

I hope this helps, and let me know if you have any further questions. Otherwise, please remember to RATE my answer AT LEAST 3 out of 5 so that I can receive credit for my work.


 

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