Chattanooga Tennessee Motion To Set Aside Or For TRAP Rule 9

• Category: Tennessee Court Samples - Real Estate - Sales Contracts - Rescind - Sample Case 1
• State: Tennessee
• City: Chattanooga
• Control #: TN-CN-52-05
• Format: PDF

Description

A06 Motion To Set Aside Or For TRAP Rule 9 Chattanooga Tennessee Motion To Set Aside Or For TRAP Rule 9 refers to a legal procedure that allows parties to request the setting aside of a judgment or order based on specific grounds outlined in Tennessee's Rules of Appellate Procedure (TRAP) Rule 9. This motion is typically used in the appellate court to challenge a lower court's ruling. There are several circumstances under which a Chattanooga Tennessee Motion To Set Aside Or For TRAP Rule 9 may be filed. These include: 1. Mistake, inadvertence, surprise, or excusable neglect: If a judgment or order was entered due to a party's genuine oversight or mistake, they can file a motion to set aside the judgment. 2. Newly discovered evidence: If new evidence emerges after the judgment or order has been issued, which could not have been discovered through due diligence before, a motion for TRAP Rule 9 can be filed to present this evidence to the court. 3. Fraud, misrepresentation, or misconduct: If it can be proved that fraud, misrepresentation, or misconduct influenced the judgment or order, a motion to set it aside can be filed. 4. Judgment is void: If the judgment or order is considered void because the court lacked jurisdiction or the judgment is contrary to law, a motion under TRAP Rule 9 can be filed to ask the court to set it aside. 5. Judgment has been satisfied, released, or discharged: If the party to whom the judgment or order is directed has fulfilled its obligations, either by payment or any other means, a motion to set aside can be filed. To initiate a Chattanooga Tennessee Motion To Set Aside Or For TRAP Rule 9, the party must draft a motion detailing the specific grounds under which they seek to have the judgment or order set aside. The motion must be filed within a certain time limit, usually within a few weeks or months after the entry of the judgment. It is crucial to note that the specific procedures, timelines, and requirements for filing a Motion To Set Aside Or For TRAP Rule 9 in Chattanooga, Tennessee may vary depending on the court, the type of case, and the nature of the judgment or order being challenged. Therefore, it is advised to consult with an experienced attorney for guidance tailored to your exact situation.

Chattanooga Tennessee Motion To Set Aside Or For TRAP Rule 9 refers to a legal procedure that allows parties to request the setting aside of a judgment or order based on specific grounds outlined in Tennessee's Rules of Appellate Procedure (TRAP) Rule 9. This motion is typically used in the appellate court to challenge a lower court's ruling. There are several circumstances under which a Chattanooga Tennessee Motion To Set Aside Or For TRAP Rule 9 may be filed. These include: 1. Mistake, inadvertence, surprise, or excusable neglect: If a judgment or order was entered due to a party's genuine oversight or mistake, they can file a motion to set aside the judgment. 2. Newly discovered evidence: If new evidence emerges after the judgment or order has been issued, which could not have been discovered through due diligence before, a motion for TRAP Rule 9 can be filed to present this evidence to the court. 3. Fraud, misrepresentation, or misconduct: If it can be proved that fraud, misrepresentation, or misconduct influenced the judgment or order, a motion to set it aside can be filed. 4. Judgment is void: If the judgment or order is considered void because the court lacked jurisdiction or the judgment is contrary to law, a motion under TRAP Rule 9 can be filed to ask the court to set it aside. 5. Judgment has been satisfied, released, or discharged: If the party to whom the judgment or order is directed has fulfilled its obligations, either by payment or any other means, a motion to set aside can be filed. To initiate a Chattanooga Tennessee Motion To Set Aside Or For TRAP Rule 9, the party must draft a motion detailing the specific grounds under which they seek to have the judgment or order set aside. The motion must be filed within a certain time limit, usually within a few weeks or months after the entry of the judgment. It is crucial to note that the specific procedures, timelines, and requirements for filing a Motion To Set Aside Or For TRAP Rule 9 in Chattanooga, Tennessee may vary depending on the court, the type of case, and the nature of the judgment or order being challenged. Therefore, it is advised to consult with an experienced attorney for guidance tailored to your exact situation.