Maricopa Arizona Motion to Set Aside Submission and Reopen Case

State:
Multi-State
County:
Maricopa
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.

Maricopa Arizona Motion to Set Aside Submission and Reopen Case refers to a legal process available in Maricopa, Arizona, where a party seeks to contest a decision in court by requesting the court to set aside a previous submission and reopen the case for further proceedings. This motion provides an opportunity for a party to present new evidence or arguments that were not available or considered during the initial hearing or trial. The purpose of the Maricopa Arizona Motion to Set Aside Submission and Reopen Case is to address instances where a party believes that there were errors or injustices in the original decision and wishes to have the case reconsidered. This motion is typically filed when new evidence is discovered, legal errors occurred in the prior proceedings, there was a violation of the party's rights, or if there are significant changes in circumstances that merit a fresh review. There are several types of Maricopa Arizona Motion to Set Aside Submission and Reopen Case, each addressing specific scenarios: 1. Motion to Set Aside Default Judgment: This motion is used when a default judgment was entered against a party due to their failure to appear or respond in a timely manner. The party seeks to set aside the default judgment and reopen the case, presenting valid reasons for the failure to respond initially. 2. Motion to Set Aside Summary Judgment: This motion challenges a summary judgment that was granted, arguing that there are genuine issues of material fact that were overlooked. The party seeks to set aside the summary judgment and reopen the case for a full trial. 3. Motion to Set Aside Conviction: This motion is filed in criminal cases when a party wishes to challenge a previous conviction. They may present new evidence or argue that their constitutional rights were violated during the trial. The party seeks to vacate the conviction and reopen the case for a retrial or dismissal. 4. Motion to Set Aside Dismissal: This type of motion is used when a case was dismissed for various reasons, such as procedural errors, lack of prosecution, or technicalities. The party seeks to set aside the dismissal and reopen the case. Overall, the Maricopa Arizona Motion to Set Aside Submission and Reopen Case provides individuals with a legal recourse to correct potential errors or injustices in the initial decision. It allows parties to present new evidence, raise procedural issues, or challenge prior judgments. However, it is important to consult with an experienced attorney to understand the specifics of the case and the appropriate grounds for filing this motion.

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FAQ

In civil cases , Rule 7.1 of Arizona Rules of Civil Procedure states that the opposing party shall file an answer within 10 days after the motion was filed and served.

A motion to reopen asks the court to reexamine the case. To successfully do this, there has to be new evidence that was discovered after the conclusion of the case. In a reopened case, the new evidence will be heard by the exact same judge, who will then render an updated verdict.

In Arizona, a prior conviction can be set aside pursuant to A.R.S. 13-905. When a court sets aside a conviction it dismisses the conviction, the penalties are dismissed and disabilities are vacated.

Dismissed without prejudice is a term in civil and criminal law meaning that a case is dismissed for now, but the prosecutor or the petitioner is not necessarily precluded from re-filing the case at a later point. By contrast, a case dismissed with prejudice is finally over and cannot be reopened or re-filed.

In order to file a motion for this to happen, a convicted person must first complete his or her probation or sentence. After the sentence has been discharged, the person can then file a motion to request that the court set his or her conviction aside. The request will not automatically be granted.

Under ARS 13-905, except for certain disqualified convictions, after you have completed your sentence, then you may file an application with a judge to have your conviction set aside. You can apply even if you have multiple felony or misdemeanor convictions on your record.

A case can be revived after it has been dismissed, but the individual must convince the court that there is a justifiable explanation for the person's non-appearance. The matter can be reopened under Order 9 Rule 9 of the Civil Procedure Code 1908, but the person must provide sufficient grounds to the court.

The court will usually agree to set aside a judgment if: the creditor should have known that you had moved, and did not try to find your current address or consider another way of sending the claim to you; you can prove you gave the creditor your new address before the claim was issued; or.

On filing the petition for restore the case, the court orders notice to be given to the opposite party, once they appear they may file a counter i.e their reply and after hearing the matter, court will pass an order.

How long does the Arizona setting aside process take? Typically, it takes about 3 to 4 months to expunge an Arizona record.

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Maricopa Arizona Motion to Set Aside Submission and Reopen Case