Oklahoma 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 Oklahoma 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 Oklahoma to request the court to reconsider a previously submitted case and reopen it due to the discovery of new evidence. This affidavit plays a crucial role in presenting compelling arguments and supporting documentation to persuade the court to review the case. When drafting the Oklahoma Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence, attorneys must include relevant keywords and provide a detailed description of the reasons for reopening the case. Some important keywords that should be considered are: 1. Oklahoma legal procedures: Attorneys must ensure that they understand and comply with Oklahoma's specific legal requirements and procedures for filing the motion and supporting affidavit. The document should reference the Oklahoma Revised Statutes and any relevant court rules. 2. Motion to set aside submission: The affidavit must clearly state that the purpose of the filing is to request the court to set aside the previously submitted case. This motion highlights the importance of the newly discovered evidence as a basis for reopening the case. 3. Newly discovered evidence: Attorneys should clearly describe the nature and significance of the evidence that has been recently discovered. This evidence may include witness statements, surveillance footage, expert opinions, or any other relevant information that was previously unknown or unavailable. 4. Supportive documentation: Attorneys should attach copies of the newly discovered evidence to the affidavit, ensuring they are properly authenticated and relevant to the case. These documents help substantiate the claims made in the affidavit and strengthen the argument for reopening the case. 5. Legal arguments: Attorneys must provide a detailed and persuasive argument as to why the discovery of the new evidence warrants reopening the case. This may involve pointing out any possible errors or misconduct during the original trial, and explaining how the new evidence could have affected the outcome. Different types or variations of the Oklahoma Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence may exist, but they all serve the same purpose of presenting a convincing case for reopening based on new evidence.

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FAQ

Rule 64(a) reads as follows: At the commencement of and throughout an action, every remedy is available that, under the law of the state where the court is located, provides for seizing a person or property to secure satisfaction of the potential judgment. But a federal statute governs to the extent it applies.

After-discovered evidence, or newly discovered evidence, is evidence which existed at the time of the original trial but was only discovered after the conclusion of the trial. After-discovered evidence is an issue predominantly in criminal proceedings and may be used as the basis for a motion for a new trial.

Rule 35(b) of the Federal Rules of Criminal Procedure allows a federal prosecutor to ask the sentencing court to reduce the incarcerated individuals previously-imposed sentence. Simply stated, a Rule 35 motion is essentially a plea for leniency.

The affidavits that are filed by either party shall be made on personal knowledge, shall show that the affiant is competent to testify as to the matters stated therein, and shall set forth matters that would be admissible in evidence at trial.

Motion for a New Trial ? The court can vacate the judgment and allow for a new trial. This is rarely granted, but may be done ?if the interest of justice so requires.? Motion for Judgment of Acquittal ? Court may set aside the jury's verdict and allow the defendant to go free.

After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment.

Rule 50(a) provides for a motion for judgment as a matter of law (JMOL) which may be made at any time before submission of the case to the jury. This was previously known as a motion for a directed verdict.

Penal Code section 1181 governs motions for a new trial based on newly discovered evidence.

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