Alaska Motion to Set Aside Submission and Reopen Case

State:
Multi-State
Control #:
US-02764BG
Format:
Word; 
Rich Text
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Description

This form is a generic sample of a motion to reopen a case based on newly discovered evidence.

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FAQ

When an appeal is taken or review sought by the state or an officer or agency thereof, and the operation or enforcement of the judgment, order or decision is stayed, no bond, obligation or other security shall be required from the appellant or the petitioner, as the case may be.

(1) A party may move the court to reconsider a ruling previously decided if, in reaching its decision: (i) The court has overlooked, misapplied or failed to consider a statute, decision or principle directly controlling; or (ii) The court has overlooked or misconceived some material fact or proposition of law; or (iii) ...

To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.

Rule 11 - Signing of Pleadings, Motions, and Other Papers (a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name--or by a party personally if the party is unrepresented.

Rule 60(b) of the Federal Rules of Civil Procedure authorizes a court to relieve a party from a final judgment, order, or proceeding for various reasons, including ?mistake, inadvertence, surprise, or excusable neglect.? Fed.

Rule 69 - Execution-Examination of Judgment Debtor-Restraining Disposition of Property- Execution After Five Years (a)Execution -- Discovery. Process to enforce a judgment shall be by a writ of execution, unless the court directs otherwise.

A temporary restraining order may be granted without written or oral notice to the adverse party or that party's attorney only if (1) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the ...

Civil Rule 60(a) provides that a party can file a Motion to Set Aside the Judgment or Order if the court made a clerical mistake or accidentally left something out of a document.

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Alaska Motion to Set Aside Submission and Reopen Case