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.
Title: Understanding the North Dakota Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence Keywords: North Dakota Affidavit of Attorney, Motion to Set Aside Submission, Reopen Case, Newly Discovered Evidence Introduction: In North Dakota, a crucial legal document that plays a significant role in challenging a prior submission and seeking to reopen a case based on newly discovered evidence is the "North Dakota Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence." This affidavit is designed to provide detailed and valid reasons to convince the court that there is a need to set aside the previous submission and reopen the case in light of substantial evidence previously unknown. Types of North Dakota Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence: 1. Civil Case Affidavit: This type of affidavit is used in civil cases where the attorney presents new evidence or information that could significantly impact the original case. It is crucial to provide strong evidence that was genuinely unknown or unavailable during the previous submission. 2. Criminal Case Affidavit: In criminal cases, attorneys may file an affidavit to support a motion to set aside a submission or reopen a case based on newly discovered evidence. The affidavit should demonstrate that the evidence is material and would have likely resulted in a different outcome had it been known during the original trial or plea negotiations. 3. Family Law Case Affidavit: This affidavit is utilized in family law cases where there is a need to challenge a prior submission and request the reopening of the case due to newly discovered evidence. It is essential to demonstrate that the evidence is relevant to the issues at hand, such as child custody, support, or division of assets, and that it was unknown or unavailable before the previous submission. Content of the Affidavit: 1. The Affine: The affidavit must contain the name and professional details of the attorney filing the motion, establishing their credibility and expertise in handling the case. 2. Case Background: An overview of the original case, including relevant details of the previous submission, court proceedings, and final judgment. 3. Newly Discovered Evidence: A presentation of the newly discovered evidence, explaining its relevance and materiality to the case. This section should highlight how this evidence was previously unknown and could have a substantial impact on the outcome of the case. 4. Explanation of Due Diligence: The attorney should outline the efforts made to discover the evidence before the original submission and explain why it was not previously discovered. This helps convince the court that the evidence was genuinely newly discovered and not a result of negligence or lack of diligence. 5. Legal Grounds: The affidavit should cite and discuss the relevant legal statutes or case precedents that support setting aside a submission and reopening a case based on newly discovered evidence. 6. Impact on the Previous Decision: Demonstrate how the newly discovered evidence would likely change the judgment or outcome of the case if it had been known during the original proceedings. Conclusion: The North Dakota Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a critical legal document that provides attorneys an avenue to challenge prior submissions and reopen cases. By highlighting and presenting newly discovered evidence, attorneys seek to convince the court of the necessity to reconsider prior judgments in light of these findings.
