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"The law is settled that a Court has an inherent jurisdiction to set aside its own judgment or order obtained by means of misrepresentation and concealment of facts in the nature of fraud, or where the Court is devoid of jurisdiction.
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 ...
If the prosecution announces that it will introduce new evidence or new witnesses who were previously unknown to the defense, this will be a strong basis for a continuance. The defense also may seek a continuance if it is unable to locate a witness who was expected to testify on the defendant's behalf.
(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.
After giving the parties notice and an opportunity to be heard on the matter, the court may grant a motion for a new trial, timely filed, for a reason not stated in the motion. In either case, the court shall specify in the order the ground therefor. (f)Motion for New Trial Not Necessary for Appeal.
A request for continuance in a legal setting is a request that court proceedings be postponed until a later date. Writing this request involves explaining your reasoning for needing a continuance as well as details about the continuance request.
I RESPECTFULLY REQUEST that the Court grant my Request for Continuance. I ALSO REQUEST that the Court award any other relief it considers fair and proper. I ? DO request an oral hearing in front of the judge on this motion. I declare under penalty of perjury that the foregoing is true and correct.
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 exhibition of the record that it is probable that he is entitled to have such judgment, decree or order vacated or modified; however, such a showing shall not be ...