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LCR 60. Relief from Judgment or Order

Local Civil Rule

(e) Procedure on Vacation of Judgment.
(2) Notice. When a party moves to vacate a judgment, the party shall schedule the show-cause hearing on the motion (i) before the judge that signed the judgment if the judge is still on the court; (ii) before the Ex Parte and Probate Department if a commissioner signed the judgment in that department; or (iii) before the Respective Chief Judge if (i) and (ii) do not apply. See also LCR 7(b)(9) (presenting motion for order to show cause). If a judicial officer grants the motion to vacate and a new trial date is necessary, the officer will, as appropriate, set the new trial date or refer the case to the Respective Chief Judge for assignment of a judge and trial date.

(5) Family Law Cases. In family law proceedings (see LFLR 1), motions to vacate a judgment are governed by LFLR 5, not by LCR 60.

[Adopted effective September 1, 2004; amended effective September 1, 2007; September 1, 2008; September 1, 2016; September 1, 2017; September 1, 2019.]