Nebraska Motion to Set Aside Submission and Reopen Case

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


Nebraska Motion to Set Aside Submission and Reopen Case is a legal procedure that allows a party to request the court to reconsider its decision and reopen a previously concluded case. This motion can be filed in various types of legal matters, including civil, criminal, and family law cases, in the state of Nebraska. The motion to set aside submission and reopen a case is typically filed when new evidence comes to light, when there were procedural errors during the original proceedings, or when the court's decision was based on fraudulent or misleading information. It provides an opportunity for a party to present new facts or arguments that may have a significant impact on the outcome of the case. In Nebraska, there are different types of motions to set aside submission and reopen a case, depending on the specific situation: 1. Motion to Set Aside Default Judgment and Reopen Case: This motion is filed when a default judgment has been entered against a party due to their failure to appear or respond in a timely manner. It seeks to vacate the default judgment and reopen the case, allowing the party an opportunity to present their defense. 2. Motion to Set Aside Judgment and Reopen Case: This type of motion is used when a final judgment has been entered in the case, but the party wants to challenge the decision based on newly discovered evidence or legal errors during the original proceedings. It aims to have the judgment set aside and the case reopened to reconsider the evidence and arguments. 3. Motion to Set Aside Dismissal and Reopen Case: If a case has been dismissed by the court, this motion can be filed to set aside the dismissal order and reopen the case. It is usually done when the dismissal was entered in error or when new facts or circumstances have emerged since the dismissal, which merit reopening the case. 4. Motion to Set Aside Forfeiture Order and Reopen Case: In certain legal matters, such as criminal cases involving asset forfeiture, a party may file a motion to set aside a forfeiture order and reopen the case. It is typically used when there are grounds to contest the seizure and forfeiture of property based on procedural defects or new evidence. It is important to note that the specific requirements and procedures for filing a Nebraska Motion to Set Aside Submission and Reopen Case may vary depending on the court and the nature of the case. Consulting with an attorney or referring to the Nebraska Rules of Civil Procedure, Nebraska Criminal Code, or Nebraska Family Law Code can provide more detailed information on the process and requirements.

Nebraska Motion to Set Aside Submission and Reopen Case is a legal procedure that allows a party to request the court to reconsider its decision and reopen a previously concluded case. This motion can be filed in various types of legal matters, including civil, criminal, and family law cases, in the state of Nebraska. The motion to set aside submission and reopen a case is typically filed when new evidence comes to light, when there were procedural errors during the original proceedings, or when the court's decision was based on fraudulent or misleading information. It provides an opportunity for a party to present new facts or arguments that may have a significant impact on the outcome of the case. In Nebraska, there are different types of motions to set aside submission and reopen a case, depending on the specific situation: 1. Motion to Set Aside Default Judgment and Reopen Case: This motion is filed when a default judgment has been entered against a party due to their failure to appear or respond in a timely manner. It seeks to vacate the default judgment and reopen the case, allowing the party an opportunity to present their defense. 2. Motion to Set Aside Judgment and Reopen Case: This type of motion is used when a final judgment has been entered in the case, but the party wants to challenge the decision based on newly discovered evidence or legal errors during the original proceedings. It aims to have the judgment set aside and the case reopened to reconsider the evidence and arguments. 3. Motion to Set Aside Dismissal and Reopen Case: If a case has been dismissed by the court, this motion can be filed to set aside the dismissal order and reopen the case. It is usually done when the dismissal was entered in error or when new facts or circumstances have emerged since the dismissal, which merit reopening the case. 4. Motion to Set Aside Forfeiture Order and Reopen Case: In certain legal matters, such as criminal cases involving asset forfeiture, a party may file a motion to set aside a forfeiture order and reopen the case. It is typically used when there are grounds to contest the seizure and forfeiture of property based on procedural defects or new evidence. It is important to note that the specific requirements and procedures for filing a Nebraska Motion to Set Aside Submission and Reopen Case may vary depending on the court and the nature of the case. Consulting with an attorney or referring to the Nebraska Rules of Civil Procedure, Nebraska Criminal Code, or Nebraska Family Law Code can provide more detailed information on the process and requirements.

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Excusable Default Excusable default is the most common reason for vacating a default judgment. It has two parts: (1) a reasonable excuse for not filing an Answer within the 30 day time; and (2) a meritorious defense (a good defense).

When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate. The phrase is often used in the context of appeals, when an appellate court invalidates the judgment of a lower court.

If a default judgment is entered against you, you can file a Motion to Set Aside, Modify or Vacate that judgment (CC ) with the county court instead of filing an appeal. The motion must be filed within 30 days after the entry of judgment.

A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.

If the judge finds that person is in contempt, the judge will sentence that person to a jail sentence; but will allow him/her a chance to be released from jail by following a purge plan. A purge plan gives the person an opportunity to come into compliance with the court order.

To have the default judgment set aside the defendant must show the court that: ????there is a good reason why they did not file a defence within 28 days. they have a bona fide (genuine) defence. they applied to set aside default judgment as soon as they became aware of it.

Mandatory electronic filing, electronic service and electronic notice. (A) Electronic Filing, Service, and Notice is mandatory for all Nebraska attorneys in all Nebraska trial and appellate courts unless specifically exempted pursuant to these rules.

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Facts About Filing an Appeal in a County Court Civil or Small Claims Case in Nebraska ... If you are filing a motion without a lawyer, you must complete the ... Whenever a motion for a directed verdict made at the close of all the evidence is denied or for any reason is not granted, the court is deemed to have submitted ...Filing a Small Claims Case in Nebraska · Appealing or Setting Aside A Small ... How to File a Judicial Complaint · Nebraska Judicial Discipline · Judicial Ethics ... The district court did not abuse its discretion in overruling a motion to reopen the ... In mortgage foreclosure, petition to set aside decree after term of court ... If your income is low and you want to ask not to pay the filing fee ... If the judge grants your motion to set-aside the default judgment, you will need to file. Clerk of the District Court, Omaha, Nebraska. ... File all pleadings in existing cases; Collection of filing fees; Reopen old case if judge assignment is required ... Who can I complain about? You may file a complaint about a federal judge who you have reason to believe has committed misconduct or has a disability that ... Aug 2, 2018 — The motion should be filed with a cover page labeled “MOTION TO SET ASIDE DEFAULT ORDER” and comply with the requirements for filing. For ... 25-1315.02. Motion for directed verdict at close of evidence; effect; filing before entry of judgment; treatment; motion to set aside verdict or judgment; power ... This matter is before the Court on the Plaintiff's Motion to Set Aside Memorandum ... The Clerk of the Court is directed to reopen this case and to send a copy of.

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Nebraska Motion to Set Aside Submission and Reopen Case