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Arkansas Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence

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US-02766BG
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


The Arkansas Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a legal document used to request the reopening of a case on the grounds of newly discovered evidence. This affidavit is filed by an attorney on behalf of their client and plays a crucial role in providing the necessary legal basis for the court to consider reopening the case. In Arkansas, there are various types of affidavits that can be filed to support a motion to set aside submission and reopen a case based on newly discovered evidence. Here are some potential variations: 1. Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Witness Testimony: This type of affidavit would be used when newly discovered witness testimony has been obtained that can significantly impact the outcome of the case. The attorney would present the details of the witness testimony, including how it was obtained and its relevance to the case. 2. Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Forensic Evidence: This affidavit would be relevant when newly discovered forensic evidence, such as DNA analysis or fingerprint examination, has come to light, potentially exonerating the defendant or casting doubt on their guilt. The attorney would explain the nature of the evidence, its reliability, and its potential impact on the case. 3. Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Document Discovery: This type of affidavit would be used when new documents, such as medical records, financial statements, or other significant paperwork, have been obtained that were not previously available during the original trial. The attorney would provide information about the documents, their relevance, and how they can contribute to the reopening of the case. 4. Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Expert Opinion: This affidavit would be utilized when new expert opinion or analysis has been obtained that challenges the previous expert testimony presented in the case. The attorney would outline the expert's qualifications, their findings or opinions, and explain how this new information can impact the case. Regardless of the specific type, the Arkansas Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence must be drafted carefully and in accordance with the state's legal requirements. It is essential to include relevant keywords such as "Arkansas affidavit," "motion to set aside submission," "reopen case," "newly discovered evidence," and specific subcategories like "witness testimony," "forensic evidence," "document discovery," or "expert opinion" to ensure the content is search engine optimized and relevant for legal practitioners and researchers.

The Arkansas Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a legal document used to request the reopening of a case on the grounds of newly discovered evidence. This affidavit is filed by an attorney on behalf of their client and plays a crucial role in providing the necessary legal basis for the court to consider reopening the case. In Arkansas, there are various types of affidavits that can be filed to support a motion to set aside submission and reopen a case based on newly discovered evidence. Here are some potential variations: 1. Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Witness Testimony: This type of affidavit would be used when newly discovered witness testimony has been obtained that can significantly impact the outcome of the case. The attorney would present the details of the witness testimony, including how it was obtained and its relevance to the case. 2. Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Forensic Evidence: This affidavit would be relevant when newly discovered forensic evidence, such as DNA analysis or fingerprint examination, has come to light, potentially exonerating the defendant or casting doubt on their guilt. The attorney would explain the nature of the evidence, its reliability, and its potential impact on the case. 3. Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Document Discovery: This type of affidavit would be used when new documents, such as medical records, financial statements, or other significant paperwork, have been obtained that were not previously available during the original trial. The attorney would provide information about the documents, their relevance, and how they can contribute to the reopening of the case. 4. Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Expert Opinion: This affidavit would be utilized when new expert opinion or analysis has been obtained that challenges the previous expert testimony presented in the case. The attorney would outline the expert's qualifications, their findings or opinions, and explain how this new information can impact the case. Regardless of the specific type, the Arkansas Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence must be drafted carefully and in accordance with the state's legal requirements. It is essential to include relevant keywords such as "Arkansas affidavit," "motion to set aside submission," "reopen case," "newly discovered evidence," and specific subcategories like "witness testimony," "forensic evidence," "document discovery," or "expert opinion" to ensure the content is search engine optimized and relevant for legal practitioners and researchers.

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FAQ

Under Rule 64, a court may issue a writ or order for the seizure of property in order to secure the satisfaction of a judgment, to preserve the property, or for other reasons.

The Rule 54(b) Certificate Requirement of ?Specific Factual Findings?: Billingsley v. Benton NWA Properties, LLC. As we have discussed previously, Rule 54(b) of the Arkansas Rules of Civil Procedure allows a court to issue a final judgment as to certain claims or parties (when multiple claims or parties are involved).

The court may, upon motion, set aside a default judgment previously entered for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) the judgment is void; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; or (4 ...

(g)Motions for reconsideration. Any motion to reconsider the appellate court's order deciding any motion or petition must be filed no later than eighteen calendar days after the date of the order.

It states the general rule that the court may, with prior notice to all parties, modify a judgment, decree or order within 90 days of its filing with the clerk to "correct errors or mistakes or to prevent the miscarriage of justice." Revised subdivision (b) expressly states an exception for "clerical mistakes" and ...

Rule 12(b)(6), permitting a motion to dismiss for failure of the complaint to state a claim on which relief can be granted, is substantially the same as the old demurrer for failure of a pleading to state a cause of action.

Section (b) also marks a significant variation from FRCP 41(b). Under this rule, the trial court has the right to dismiss on its own motion a claim for failure to prosecute the action or failure to comply with these rules or any order of the court.

(b) Except as provided in Rule 87 of these rules, a lawyer may not withdraw from any proceeding or from representation of any party to a proceeding without permission of the court in which the proceeding is pending.

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The attorney filing a case should complete the form as follows: I. (a) ... A party moving for summary judgment will have seven (7) days to file a reply in further. When a motion for a new trial is based on affidavits, they must be filed with the motion. ... newly discovered evidence as a ground for a motion for new trial.Court Forms ; Administrative Order 3 - Quarterly Report Form ; Affidavit of Financial Means ; Annual Report of Guardian (Guardianship) ; Appellate Court Cover Sheet ... If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or ... Your Case No. MOTION & AFFIDAVIT TO SET ASIDE JUDGMENT OR ORDER. 1. I, , request that the court set aside the. (enter your full ... What you need to learn about filing a motion to modify child custody (and support). (Although not always the case, modification of child custody may require ... The person seeking such service, or his attorney, shall submit his request therefor upon the praecipe for summons along with supporting affidavits that diligent ... The party seeking to vacate or modify a judgment may obtain an injunction suspending proceedings, on the whole or in part, upon showing by affidavit or ... by SR Gross · 2020 · Cited by 23 — In general, we classify a case as an “exoneration” if a person who was convicted of a crime is officially and completely cleared based on new ... File a motion for relief from default judgment (also called motion to set aside or vacate a judgment) to reopen a case you lost by default.

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Arkansas Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence