Meta description: Learn how to ask an Arkansas court to vacate a judgment, including Rule 60 deadlines, required filings, service, hearings, and next steps.
An Arkansas judgment can sometimes be set aside, but the available procedure depends on the reason for the request and how much time has passed. People often call the filing a “petition to vacate”; in an Arkansas civil case, it is generally a motion asking the court to vacate or set aside its judgment. Arkansas Rule of Civil Procedure 60 sets important deadlines and limits. Acting promptly, identifying a legally recognized ground, and filing in the correct court can make a significant difference.
What It Means to Vacate a Judgment
To vacate a judgment is to ask the court that entered it to set it aside, in whole or in part. If granted, the judgment may no longer be enforceable as written, and the court may reopen the case or require further proceedings. Vacating a judgment is different from appealing it: a motion under Rule 60 asks the trial court for relief, while an appeal asks a higher court to review a decision for legal error.
Arkansas Rule of Civil Procedure 60 applies to judgments and orders in civil cases. The rule covers corrections, changes, and requests to set aside judgments. It does not automatically provide a way to undo an unfavorable result simply because a party disagrees with the judge. A motion needs a recognized legal basis and supporting facts.
Important: The correct procedure may differ for a criminal judgment, a family-law order, a probate matter, a small-claims case, or a judgment entered in federal court. This article concerns Arkansas state-court civil judgments. Federal court judgments are governed by federal rules, not Arkansas Rule 60.
Check the Deadline Before Preparing a Motion
Arkansas Rule 60 establishes a general 90-day period for a court to modify or vacate a judgment. Under the rule, the court may act within that period to correct errors or mistakes or to prevent a miscarriage of justice. After the 90-day period, the court’s authority to vacate a judgment is much narrower. The rule identifies limited grounds that may permit relief after the deadline, including lack of jurisdiction, fraud practiced by the successful party, and unavoidable casualty or misfortune that prevented a party from appearing or defending.
The deadline is generally measured from the date the judgment was entered, not the date a party later learned about it. The date and method of entry can matter, so review the judgment and the court docket. Do not assume that a motion to reconsider, a conversation with the judge’s office, or settlement discussions extend the Rule 60 deadline.
Other deadlines may apply at the same time. For example, an appeal generally has its own filing period under the Arkansas Rules of Appellate Procedure–Civil. A Rule 60 motion does not necessarily extend or restart the time to appeal. Anyone considering both remedies should promptly check the applicable rules or speak with an Arkansas attorney. Missing an appeal deadline can limit the available options even if a motion to vacate is pending.
Common Grounds for Asking the Court to Set Aside a Judgment
The facts must fit a ground recognized by Rule 60 or another applicable law. The following examples are not an exhaustive list, and the outcome depends on the record and circumstances.
- Lack of jurisdiction: The court may not have had legal authority over the type of case, the parties, or the issue. A challenge to jurisdiction should identify the specific defect and explain why it affects the judgment.
- Fraud by the successful party: The rule allows relief in limited circumstances involving fraud practiced by the party who obtained the judgment. The motion should describe the alleged conduct, identify supporting evidence, and explain how it affected the result. A general accusation or disagreement with testimony is not enough.
- Unavoidable casualty or misfortune: A serious event may have prevented a party from appearing or defending. The motion should state what happened, when it happened, why it could not reasonably be avoided, and how it prevented participation.
- Clerical error: A mistake in recording or entering the court’s decision may be correctable under Rule 60. This differs from asking the court to reconsider a substantive decision. Rule 60 provides a procedure for correcting clerical mistakes.
- Other timely relief under Rule 60: Within the rule’s 90-day period, the court may have authority to correct or vacate a judgment for qualifying errors or to prevent a miscarriage of justice. The motion should explain the specific error and provide a factual and legal basis for relief.
A missed court date, failure to receive notice, or misunderstanding of the case may be relevant, but none automatically guarantees that a judgment will be vacated. The court may consider service, the reason for the absence, promptness, prejudice to the other side, and whether the moving party has a meaningful defense or claim. The applicable rule and case circumstances control.
How to File a Motion to Vacate in Arkansas
1. Get the case file and confirm the judgment date
Obtain a copy of the signed judgment and review the docket for the entry date, prior orders, hearing notices, and proof of service. The case file may be available from the circuit clerk in the county where the case was decided. Arkansas court records may also be accessible through the state’s online case-search tools, though not every document or case type will be available online.
Check the caption, case number, court division, and names of the parties. If the judgment was entered in a different county or in federal court, filing in an Arkansas state circuit court will not be the right procedure.
2. Identify the legal ground and gather evidence
Write down the exact reason relief is requested and connect it to the applicable rule. Collect relevant documents, such as the judgment, notices, correspondence, medical or emergency records, service documents, and evidence supporting the underlying claim or defense. If the motion relies on facts outside the existing court record, an affidavit or declaration based on personal knowledge may help explain those facts. Follow Arkansas requirements for sworn evidence and exhibits.
Evidence should be organized and easy to verify. A timeline can clarify when the judgment was entered, when the moving party learned of it, what prevented earlier action, and how quickly the party responded. If a party claims lack of notice, the filing should explain the address used, how notices were delivered, and what the court record shows.
3. Draft the motion and requested relief
Use a clear title, such as “Motion to Vacate Judgment” or “Motion to Set Aside Judgment.” Include the court and case caption, case number, the date of the judgment, the rule or legal authority relied on, and a concise statement of the facts. Explain why the asserted facts meet the rule’s requirements and state precisely what the court is being asked to do.
Possible requests include vacating the entire judgment, setting aside only a portion, correcting a clerical error, reopening the case, or scheduling a hearing. If the moving party wants the court to pause collection or other enforcement while the motion is pending, that relief should be requested expressly. Filing a motion does not, by itself, necessarily stop enforcement.
Attach relevant exhibits and identify them in the motion. If the request depends on disputed facts, ask for a hearing and briefly explain why testimony or additional evidence is needed. The motion should be accurate, specific, and respectful; unsupported claims or excessive argument can make the key issue harder to evaluate.
4. File with the court that entered the judgment
File the motion with the clerk of the court that issued the judgment, usually the circuit clerk for the relevant county and case. Ask the clerk about accepted filing methods, current fees, any local procedures, and whether the case requires electronic filing. A clerk can explain filing mechanics but cannot provide legal advice or determine whether the motion is likely to succeed.
Keep a file-stamped copy and proof of the filing date. If filing by mail or electronically, confirm that the court received and accepted the documents. A rejected filing may not preserve a deadline, so checking acceptance is especially important when the 90-day period is close to expiring.
5. Serve the other parties
Provide a copy of the motion and supporting papers to the opposing party or that party’s attorney in the manner required by Arkansas rules. The filing should include a certificate of service stating the date, method, and recipient. Service requirements can depend on whether the opposing party has appeared, has counsel, or must receive formal service of a new claim. Check the applicable rules rather than assuming that filing with the clerk gives notice to everyone.
6. Prepare for a hearing or written response
The opposing party may file a response, and the judge may decide the motion on the papers or schedule a hearing. Follow any hearing notice and local instructions. Bring copies of the judgment, motion, exhibits, and relevant filings. Be prepared to explain the legal ground, the timeline, the evidence, and the precise remedy requested.
If the judge grants the motion, read the written order carefully. The order may vacate the judgment, correct it, reopen proceedings, or impose conditions. If the judge denies relief, review the order and promptly assess any available appeal or other procedure with a qualified attorney.
What to Include in a Filing Checklist
| Item | What to verify |
|---|---|
| Correct court and case | The motion is filed in the court and case that produced the judgment. |
| Deadline | The judgment-entry date and the applicable Rule 60 period have been confirmed. |
| Legal ground | The motion identifies a recognized basis and explains how the facts satisfy it. |
| Supporting materials | Relevant records, exhibits, and any required sworn statements are attached. |
| Requested relief | The motion clearly states what the court should vacate, correct, or reconsider. |
| Filing and service | The clerk has accepted the filing, and all required parties have been served. |
Important Limits and Practical Considerations
A motion to vacate is not a substitute for presenting a case properly at trial or for filing a timely appeal. Courts generally expect parties to act diligently. Waiting until enforcement begins, without a strong explanation, may make it harder to obtain relief. The court may also consider whether setting aside the judgment would unfairly harm the other party.
Some judgments involve collection, liens, garnishment, eviction, or other time-sensitive consequences. A motion alone may not stop those actions. If enforcement is imminent, the moving party should ask about available emergency relief and should not assume that the judgment has been suspended.
People who cannot afford an attorney may contact Arkansas Legal Aid or consult the Arkansas Judiciary’s self-help resources for general information. Availability of help depends on eligibility and case type. Court clerks can provide procedural information, but they cannot choose a legal argument, prepare a motion, or predict how a judge will rule.
Where to Verify Arkansas Rules and Get Help
For the current text of Rule 60 and related civil procedure rules, consult the Arkansas Judiciary rules and administrative orders. The Arkansas Judiciary website provides information about courts and court services. Because rules and procedures can change, confirm the current version and any local circuit requirements before filing.
For a judgment involving substantial money, property, a default, or an approaching deadline, an Arkansas attorney can evaluate whether Rule 60 applies, whether an appeal must also be considered, and what evidence will be needed. This information is general and is not a substitute for legal advice about a particular case.