Avacated judgment (also known asvacatur relief) is alegal judgment that legallyvoids a previous legal judgment. A vacated judgment is usually the result of the judgment of anappellate court, which overturns, reverses, or sets aside the judgment of a lower court. Anappellate court may also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (amotion to vacate) orsua sponte (at the court's initiative).[1]
A vacated judgment may free the parties tocivil litigation to re-litigate the issues subject to the vacated judgment.
Another means of having a vacated judgment would be if the defendant dies prior to all appeals being exhausted. Notable defendants having their convictions vacated under this includeKenneth Lay, the former Chairman and CEO ofEnron who died before sentencing, andAaron Hernandez, a former football player who killed himself in jail before his appeals were exhausted. In the latter case, the vacatur was itself later overturned.[2]
"Relief from judgment" of aUnited States District Court is governed by Rule 60 of theFederal Rules of Civil Procedure.[3] TheUnited States Court of Appeals for the Seventh Circuit has noted that a vacated judgment "place[s] the parties in the position of no trial having taken place at all; thus a vacated judgment is of no further force or effect."[4]
One form of a vacatur in the United States legal system was established byUnited States v. Munsingwear, Inc.340 U.S.36 (1950), otherwise known as theMunsingwear vacatur. This approach is used when while a case is being held on appeal, whether at the Circuit Court or Supreme Court level, underlying factors make the case moot. The higher court will vacate the lower court's ruling, send the case back to the lower court, and have them render the case moot. Certain conditions must be met before the higher court can give aMunsingwear vacatur, generally allowing this vacatur to be used in three situations: in the matter of "happenstance" (such as the death of a litigant), through a settlement of the parties, or a unilateral action by the prevailing party in the lower court.[5][6]
