An Order is an official written statement from the court commanding a certain action, and is signed by the judge. This form is an Order After Hearing on Motion to Set Aside Judgment of Paternity. The Order sets forth the findings and decision of the Judicial Officer after a hearing.
Sunnyvale, California — Order After Hearing on Motion to Set Aside Judgment of Paternity In Sunnyvale, California, an Order After Hearing on Motion to Set Aside Judgment of Paternity refers to a legal proceeding that aims to invalidate or challenge a previous judgment regarding paternity. This motion must be presented to the court with sufficient evidence and valid reasons for reconsideration. The judge will then evaluate the motion and make a ruling based on the merits of the case. Different Types of Sunnyvale California Order After Hearing on Motion to Set Aside Judgment of Paternity: 1. Default Judgment Set Aside: This type of motion is filed when a judgment of paternity was made by default, meaning that one party failed to appear or respond to the initial paternity case. If there is a valid reason for the non-appearance, such as lack of notice or improper service, the court may set aside the default judgment and allow the case to be reconsidered. 2. Newly Discovered Evidence: This type of motion is filed when new evidence is discovered that could have significantly influenced the initial judgment of paternity. This evidence might include DNA test results, scientific findings, or witness testimonies that were not available during the original trial. The court may set aside the judgment based on the relevance and credibility of the newly discovered evidence. 3. Fraud, Duress, or Mistake: A motion to set aside judgment of paternity can also be filed if either party involved can prove that the previous judgment was obtained through fraud, duress, or mistake. Fraudulent activities, coercion, misrepresentation, or even errors made by the court during the initial proceedings can be grounds for setting aside the judgment. 4. Lack of Jurisdiction: If it is discovered that the court lacked jurisdiction in the original paternity case, a motion can be filed to set aside the judgment. Lack of jurisdiction can occur if either party was not a resident of Sunnyvale, California, or if the court did not have authority over the specific paternity matter. In such cases, the court may grant the motion to set aside the judgment and dismiss the paternity case. 5. The Best Interest of the Child: In certain situations, if it can be proven that the initial judgment of paternity is not in the best interest of the child involved, a motion to set aside the judgment can be filed. This may occur if new evidence suggests the existing custody or support arrangements are detrimental to the child's well-being. It is important to note that filing a motion to set aside a judgment of paternity in Sunnyvale, California, requires compliance with specific legal procedures and time limitations. It is advisable to seek the assistance of a qualified family law attorney who can guide you through the process and ensure all necessary documentation and evidence are provided to the court.
