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

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Multi-State
Control #:
US-02766BG
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Word; 
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Description Motion Set Reopen Case

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.

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Motion Set Aside Template Other Form Names

Motion Set Reopen Template   Attorney Based   Attorney Support Aside Based   Affidavit Support Motion   Michigan Motion Set Aside Conviction   Attorney Motion Submission Reopen   Motion Set Aside Court Order  

Affidavit Support Motion Form 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.

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