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If my motion to vacate is denied what is my next step

Atchison, KS |

this is being asked for my bf whos motion to set aside and vacate was denied ,,what is his next step he has to take to prove his innocence

A lil more info of the case was a murder trial. The motion to vacate was under Supreme court rule 24.035 and was denied.

Attorney Answers 2

  1. It is difficult to respond appropriately because of the lack of important information - particularly, what is the subject of the prior court order/decision that he is looking to "vacate". I am going to presume that an order/judgment of default was issued against him for not timely serving an Answer to a summons and complaint that was served upon him. If that is the case, and the court denied his motion to vacate/set aside, then he is faced with the legal and financial impact of the original order (ie- he has to pay the judgment, if a monetary amount was assessed). He could appeal, trying to argue that the court's denial of his motion to vacate is erroneous as a matter of fact and law; and even submit a motion to "reargue"; or do both at the same time. But, as a whole, these are very complicated and technical procedures and steps so he is best serving himself if he consults with and retains a lawyer to perform these steps- probably something he shoudl have done when first served with the legal process. Good Luck.

  2. This should be in the criminal law section. Ill move it.