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.
Florida Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence A Florida Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a legal document filed by an attorney in the state of Florida to request the court to set aside a previous submission or judgment and reopen a case due to newly discovered evidence. This affidavit serves as a sworn statement by the attorney, presenting compelling reasons and evidence to support the motion. In Florida, there may be different types of Affidavits of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence, depending on the specific circumstances and legal context. Some potential types may include: 1. Criminal Cases: If new evidence is discovered in a criminal case that could potentially exonerate the defendant or cast doubt on their guilt, an attorney can file this affidavit to request the court to set aside a previous submission or judgment and reopen the case for further examination. 2. Civil Cases: In civil cases, if an attorney uncovers new evidence that is relevant to the case and could potentially change the outcome, they can file this affidavit to seek the court's consideration in setting aside the previous submission or judgment and reopening the case for further proceedings. 3. Family Law Cases: In family law cases, such as divorce or child custody disputes, if an attorney discovers new evidence that could significantly impact the well-being of a child or challenge a previous settlement, they can file this affidavit to ask the court to set aside the previous submission or judgment and reopen the case for reevaluation. The Florida Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence typically includes the following information: 1. Case Details: The affidavit should include the specific details of the case, such as the case number, court name, and the parties involved. 2. Newly Discovered Evidence: The attorney must provide a comprehensive and detailed account of the newly discovered evidence that has come to light since the previous submission or judgment. The evidence should be substantial, relevant, and not previously known or available during the initial proceedings. 3. Grounds for Setting Aside Submission: The attorney should present persuasive arguments explaining why the newly discovered evidence justifies setting aside the previous submission or judgment. This may include demonstrating that the evidence would likely have a significant impact on the outcome of the case. 4. Legal Basis: The affidavit should cite the applicable Florida statutes, case law, or legal principles that support the request to set aside the previous submission or judgment based on newly discovered evidence. 5. Sworn Statement: The affidavit should conclude with a sworn statement by the attorney, affirming that the information provided is true and accurate to the best of their knowledge and belief. It is important for the attorney to draft the Florida Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence with precision and attention to detail, as it will serve as a crucial document in seeking the court's review and reconsideration of the case.Florida Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence A Florida Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a legal document filed by an attorney in the state of Florida to request the court to set aside a previous submission or judgment and reopen a case due to newly discovered evidence. This affidavit serves as a sworn statement by the attorney, presenting compelling reasons and evidence to support the motion. In Florida, there may be different types of Affidavits of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence, depending on the specific circumstances and legal context. Some potential types may include: 1. Criminal Cases: If new evidence is discovered in a criminal case that could potentially exonerate the defendant or cast doubt on their guilt, an attorney can file this affidavit to request the court to set aside a previous submission or judgment and reopen the case for further examination. 2. Civil Cases: In civil cases, if an attorney uncovers new evidence that is relevant to the case and could potentially change the outcome, they can file this affidavit to seek the court's consideration in setting aside the previous submission or judgment and reopening the case for further proceedings. 3. Family Law Cases: In family law cases, such as divorce or child custody disputes, if an attorney discovers new evidence that could significantly impact the well-being of a child or challenge a previous settlement, they can file this affidavit to ask the court to set aside the previous submission or judgment and reopen the case for reevaluation. The Florida Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence typically includes the following information: 1. Case Details: The affidavit should include the specific details of the case, such as the case number, court name, and the parties involved. 2. Newly Discovered Evidence: The attorney must provide a comprehensive and detailed account of the newly discovered evidence that has come to light since the previous submission or judgment. The evidence should be substantial, relevant, and not previously known or available during the initial proceedings. 3. Grounds for Setting Aside Submission: The attorney should present persuasive arguments explaining why the newly discovered evidence justifies setting aside the previous submission or judgment. This may include demonstrating that the evidence would likely have a significant impact on the outcome of the case. 4. Legal Basis: The affidavit should cite the applicable Florida statutes, case law, or legal principles that support the request to set aside the previous submission or judgment based on newly discovered evidence. 5. Sworn Statement: The affidavit should conclude with a sworn statement by the attorney, affirming that the information provided is true and accurate to the best of their knowledge and belief. It is important for the attorney to draft the Florida Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence with precision and attention to detail, as it will serve as a crucial document in seeking the court's review and reconsideration of the case.
