Motion to Set Aside Submission and Reopen Case
What this document covers
The Motion to Set Aside Submission and Reopen Case is a legal document used to request that a court reopen a case after it has been submitted. This form is particularly relevant when new evidence, which could significantly impact the outcome, has come to light after the case submission. Unlike other motions that may request a rehearing or appeal, this motion focuses specifically on introducing previously unavailable evidence.
Key components of this form
- Case Title: Includes the plaintiff and defendant names for case identification.
- Defendant's Request: A clear declaration from the defendant requesting to set aside the prior submission.
- New Evidence: Specification of the newly discovered evidence that warrants reopening the case.
- Affidavit Attachment: Inclusion of an affidavit supporting the request with details on the new evidence.
- Notice of Motion: A section to inform the opposing party of the scheduled hearing date.
When to use this form
This form should be used when a defendant has discovered new, material evidence that was not available before the case was submitted for judgment. For example, if key witness testimony or pertinent documents surface after submission that could alter the court's decision, this motion allows the defendant to present this information to the court. It is essential when the new evidence is significant enough to potentially change the outcome of the case.
Who should use this form
- Defendants seeking to reopen a case due to newly found evidence.
- Attorneys representing defendants in civil or criminal cases.
- Individuals who believe that their case was unjustly decided due to missing evidence.
How to complete this form
- Identify and include the names of the plaintiff and defendant in the case title.
- Clearly state the defendant's request to set aside the previous submission.
- Document the newly discovered evidence, explaining why it was unavailable earlier.
- Attach an affidavit from the person providing the new evidence.
- Fill in the notice section with the hearing date and location details.
Notarization guidance
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to attach the necessary affidavit to support the motion.
- Not providing sufficient detail about the new evidence.
- Missing the deadline for filing the motion after evidence discovery.
Benefits of using this form online
- Convenience of downloading and completing the form at your own pace.
- Editable format allows for easy customization to fit specific case details.
- Access to templates created by licensed attorneys ensures legal reliability.
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FAQ
Set aside. v. to annul or negate a court order or judgment by another court order. Example: a court dismisses a complaint believing the case had been settled. Upon being informed by a lawyer's motion that the lawsuit was not settled, the judge will issue an order to "set aside" the original dismissal.
If you do not owe the money, you can ask the court to cancel the county court judgment ( CCJ ) or high court judgment. This is known as getting the judgment 'set aside'. You can do this if you did not receive, or did not respond to, the original claim from the court saying you owed the money.
When a court sets aside a conviction it dismisses the conviction, the penalties are dismissed and disabilities are vacated. The record of the prior conviction remains but the court record will also note that the conviction has been set aside.
A set aside hearing would normally consider whether the defendant has an 'arguable' defence rather than making a final decision on whether the defence is correct or not. If the court agrees there's an arguable defence, they'll set aside the judgment and allow you to file a defence.
