Glossary · Civil Procedure
Vacated
- Type
- Glossary
- Jurisdiction
- National
- Date
- 2026-09-23
- Topic
- Civil Procedure
A court has wiped out a judgment or opinion, so it has no legal effect, typically because of a procedural defect, a settlement, or a higher court's instruction to reconsider. A vacated opinion should not be cited as authority.
Definition
A court has wiped out a judgment or opinion, so it has no legal effect, typically because of a procedural defect, a settlement, or a higher court's instruction to reconsider. A vacated opinion should not be cited as authority.
Vacated. A court has wiped out a judgment or opinion, so it has no legal effect, typically because of a procedural defect, a settlement, or a higher court's instruction to reconsider. A vacated opinion should not be cited as authority. Example: After the parties settled, the appellate court vacated the district court's opinion.