Get Ne Cc 6:11(a) 2011

In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. ... Motions to set aside judgments entered in civil cases in the United States district courts are governed by Rule 60 of the Federal Rules of Civil Procedure.

set aside. v. to annul or negate a court order or judgment by another court order. Example: a court dismisses a complaint believing the case had been settled. Upon being informed by a lawyer's motion that the lawsuit was not settled, the judge will issue an order to "set aside" the original dismissal.

The principle is that a person affected by the Judgment of a Court which is a nullity is entitled to have the very Court set it aside Ex debito justitiae. The Court in its inherent jurisdiction has the power to set aside its own Judgment or Order made without jurisdiction or if same has been fraudulently obtained.

"Set Aside" means that a person who has completed probation or a sentence resulting from a criminal conviction may ask the court to dismiss the judgment of guilt and release the convicted person from all penalties and disabilities resulting from the conviction.

v. to annul or negate a court order or judgment by another court order. Example: a court dismisses a complaint believing the case had been settled. Upon being informed by a lawyer's motion that the lawsuit was not settled, the judge will issue an order to "set aside" the original dismissal.

To set aside a case means that the original judgment is changed in some way. ... When a case is dismissed, that means it is closed. It can be dismissed before a trial, during a trial, or at the conclusion. A case dismissed without prejudice means that the case can be re-filed at a later date.

CONCLUSION. Consent judgment is as effective in law as any other judgment or order arrived at after full trial. ... Consent judgment remains binding until set aside by a fresh action or an appellate court, if it can be established to have been obtained by fraud, misrepresentation, duress or mutual mistake of parties.

'Motion to Set Aside Judgment' is basically an application to overturn or negate the previous order by the court or any verdict or final judgment. Application for setting aside is filed by the party who is aggreived or dissatisfied with the former decision of the court.

A civil judgment is the court's formal, written decision in a lawsuit and reflects the outcome. To avoid the judgment's effect, the losing party must ask a court to overturn the judgment. A judgment may be overturned on an appeal, by a trial court granting a new trial, striking the judgment or correcting it.

You cannot appeal this kind of judgment and have a new trial until you vacate the default judgment , that is, until you have the judgment removed or erased. To vacate a default judgment, do the following: 1.

First, you can ask the court to set aside the default judgment and give you an opportunity to contest it. Next, you can settle the debt with the debt buyer for an amount less than what the default judgment is for. And finally you can eliminate the default judgment completely by filing for bankruptcy.

When a judgment is entered due to default and it is not reversed on request of the defendant, it is considered a final judgment. In many circumstances, a default judgment is not automatically entered, though the plaintiff may file a motion for default judgment.

A default judgment is a money judgment awarded against you simply because you failed to appear in the case and defend yourself. If the court has entered a default judgment against you, the plaintiff can collect it like any other judgment. ... If the judge grants your motion, the case starts back up again.

Generally, if a defendant fails to respond to a complaint you can get a default judgment after 45 days. However, the court system is very slow these days and it can take several months to get the court to issue the default judgment...