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

Asked over 1 year ago - 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

Additional information

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. Jeffrey Ira Schwimmer

    Contributor Level 19

    Answered . 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. Robert Bruce Kopelson

    Contributor Level 20

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

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