Allegheny Pennsylvania Motion to Set Aside Submission and Reopen Case

State:
Multi-State
County:
Allegheny
Control #:
US-02764BG
Format:
Word; 
Rich Text
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Description

This form is a generic sample of a motion to reopen a case based on newly discovered evidence.


Allegheny County, Pennsylvania, is a region known for its legal system and the various motions that are filed within its courts. One key motion that individuals can file in Allegheny County is the "Motion to Set Aside Submission and Reopen Case." This motion allows parties in a legal matter to request the court to nullify a previous submission and reopen the case for further consideration. The "Motion to Set Aside Submission and Reopen Case" is typically utilized when new evidence or unforeseen circumstances arise after a case has been closed or a decision has been made. By filing this motion, the party is essentially asking the court to reconsider or revisit the previous ruling based on the new information or circumstances presented. There may be different types of "Motion to Set Aside Submission and Reopen Case" in Allegheny County, depending on the specific legal matter at hand. Some common examples include: 1. Civil Case Motion to Set Aside Submission and Reopen: This type of motion can be filed in civil cases, such as personal injury claims, contractual disputes, or property disputes. Parties may request a reopening of the case based on newly discovered evidence, fraud, or errors made during the initial proceedings that affected the outcome. 2. Criminal Case Motion to Set Aside Submission and Reopen: In criminal cases, individuals may file a motion to set aside submission and reopen the case if important evidence was not made available during the trial, new witnesses with crucial testimonies are discovered, constitutional violations are identified, or if errors occurred during the trial proceedings that may have affected the verdict. 3. Family Court Motion to Set Aside Submission and Reopen: This type of motion is typically seen in family court matters, such as divorce, child custody, or support cases. Parties may file a motion to set aside submission and reopen the case if there have been significant changes in circumstances since the original decision, such as a change in financial status or evidence of child neglect or abuse. It is important to note that filing a "Motion to Set Aside Submission and Reopen Case" does not guarantee that the court will grant the request. The party seeking to reopen the case must provide compelling and valid reasons for doing so, and the court will carefully consider the merits of the motion before rendering a decision. In conclusion, the "Motion to Set Aside Submission and Reopen Case" is an essential tool for individuals involved in legal matters in Allegheny County, Pennsylvania. It allows parties to request the court to reconsider a previous ruling based on newly discovered evidence or unforeseen circumstances. The specific types of these motions can vary depending on the nature of the case, such as civil, criminal, or family court matters.

Allegheny County, Pennsylvania, is a region known for its legal system and the various motions that are filed within its courts. One key motion that individuals can file in Allegheny County is the "Motion to Set Aside Submission and Reopen Case." This motion allows parties in a legal matter to request the court to nullify a previous submission and reopen the case for further consideration. The "Motion to Set Aside Submission and Reopen Case" is typically utilized when new evidence or unforeseen circumstances arise after a case has been closed or a decision has been made. By filing this motion, the party is essentially asking the court to reconsider or revisit the previous ruling based on the new information or circumstances presented. There may be different types of "Motion to Set Aside Submission and Reopen Case" in Allegheny County, depending on the specific legal matter at hand. Some common examples include: 1. Civil Case Motion to Set Aside Submission and Reopen: This type of motion can be filed in civil cases, such as personal injury claims, contractual disputes, or property disputes. Parties may request a reopening of the case based on newly discovered evidence, fraud, or errors made during the initial proceedings that affected the outcome. 2. Criminal Case Motion to Set Aside Submission and Reopen: In criminal cases, individuals may file a motion to set aside submission and reopen the case if important evidence was not made available during the trial, new witnesses with crucial testimonies are discovered, constitutional violations are identified, or if errors occurred during the trial proceedings that may have affected the verdict. 3. Family Court Motion to Set Aside Submission and Reopen: This type of motion is typically seen in family court matters, such as divorce, child custody, or support cases. Parties may file a motion to set aside submission and reopen the case if there have been significant changes in circumstances since the original decision, such as a change in financial status or evidence of child neglect or abuse. It is important to note that filing a "Motion to Set Aside Submission and Reopen Case" does not guarantee that the court will grant the request. The party seeking to reopen the case must provide compelling and valid reasons for doing so, and the court will carefully consider the merits of the motion before rendering a decision. In conclusion, the "Motion to Set Aside Submission and Reopen Case" is an essential tool for individuals involved in legal matters in Allegheny County, Pennsylvania. It allows parties to request the court to reconsider a previous ruling based on newly discovered evidence or unforeseen circumstances. The specific types of these motions can vary depending on the nature of the case, such as civil, criminal, or family court matters.

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An answer to a preliminary objection may be filed within 10 days of date of service. (2) Form. The answer must be in writing and in numbered paragraphs to correspond with the preliminary objection, and address the legal and factual grounds relied on in the preliminary objection.

§ 4904. (e) The answer shall be filed not later than 10 days after service of the motion, unless otherwise ordered by the court.

The motion must include an affidavit of the party in default (i) stating facts showing that the party in default has a good defense to the allegations in the pleading, and (ii) showing ?good cause? as to why the party in default failed to appear in court or to file an answer to the pleading.

A party may file preliminary objections in the nature of a motion to strike all or part of a pleading that either: Fails to conform to law or rule of court. These objections relate to formal errors in a pleading, such as untimely filing or using an improper method to assert a defense (Pa.

Rule 1028(c) - Preliminary Objections (a) Any party to any proceeding may file preliminary objections to any pleading pursuant to PA. R.C.P. 1028(a). Such preliminary objections must be filed within twenty (20) days of the service of the pleading to which the moving party is objecting.

What is a set aside application? A defendant who has a default judgment against them can apply to the court that issued the judgment to set it aside. If the court sets aside the judgment, it is as though the order was never made. The court still needs to deal with the claim.

A default judgment cannot be directly appealed. A defendant must file a motion to set aside the judgment and then appeal from the court's ruling on that motion.

The Magisterial District Judge is prohibited from granting more than one continuance to each party. Any subsequent continuance by either party may be granted only by the President Judge, or his designee, upon completion and with just cause shown on the approved aforementioned continuance request form.

If you receive a County Court judgment (CCJ) you don't agree with, you may be able to apply to cancel it by completing an N244 form and returning it to the court. This is known as 'setting aside' a CCJ.

The Court in its inherent jurisdiction has the power to set aside its own Judgment or Order made without jurisdiction or if same has been fraudulently obtained. In such circumstance, an appeal for the purpose of having the null judgment or order cannot be said to be necessary.

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Allegheny Pennsylvania Motion to Set Aside Submission and Reopen Case