I have a matter that was filed in a court that did not have subject matter jurisdiction. Several years later, does a motion to vacate void order need to be filed, if court never had authority to begin with? If yes, can you share why? Also, if it can be filed in another district?
1 Answer from Attorneys
If an order was issued and the subject matter jurisdiction was not brought up as a defense then it is likely a valid order not a void order. So, you would likely need to file a motion and you would need to file it in the same district.