Direct Attack Law and Legal Definition

Direct attack is a method used by an appellant to set aside or correct an award in a proceeding instituted for that purpose. A direct attack is used to annul, reverse, vacate, correct or to declare void a judgment or an award. Direct attack is made in a manner prescribed by law. A direct attack is generally made in appeal, writ, review or injunction.

The following are examples of two case law on Direct Attack:

A direct attack on a judicial proceeding is an attempt to avoid or correct it in some manner provided by law. [Broyhill v. Dawson, 168 Va. 321, 328 (Va. 1937)]

A direct attack on a judgment is an attempt to amend, correct, reform, vacate, or enjoin the execution of same in a proceeding instituted for that purpose, such as a motion for a rehearing, an appeal, some form of writ of error, a bill of review, an injunction to restrain its execution, etc.[Ernell v. O'Fiel, 441 S.W.2d 653, 655 (Tex. Civ. App. Beaumont 1969)]