Q: I want to ask a judge to vacate their own judgment given on Sept. 24 2020, what day must motion be submitted by?
This is a case in Oklahoma regarding a quiet title claim. All 3 defendants were at court house and declined entry by security due to no masks (no signage etc existed stating masks required) they at first refused to provide masks then wile waiting for masks to be retrieved from car, security brought us masks and sent us to the wrong court room (probably my fault but doing as they directed) just to have hearing done while we were still in the lobby waiting for security to direct us to go ahead. Defendants did not get to be seen/heard by Judge while plantiffs were outside standing in front of entry doors while their attorney was inside and received judgment. Please help if actions are available for Defendant to take and on what date it must be done by. We had called (while outside courthouse) per Covid signage directions to be cleared that business was necessary and had notified that we were there and what for.
A: Motions to vacate generally must be filed within 30 days after the filing of the judgment, provided the judgment was mailed to the parties within 3 days. After the 30 day time period, requests to vacate must be done by petition. If the 30 day time period falls on a Saturday or Sunday, you have until the next day the courts are open. A review of the specific case is necessary to determine the exact time for filing and which procedure to follow. Consideration must b given to the reasons for the vacation and the likelihood of a successful defense to the original action.
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