San Jose California Motion to Set Aside Submission and Reopen Case

State:
Multi-State
City:
San Jose
Control #:
US-02764BG
Format:
Word; 
Rich Text
Instant download

Description

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


San Jose California is a vibrant city located in the heart of Silicon Valley, known for its thriving technology industry and diverse cultural landscape. In the legal realm, a "Motion to Set Aside Submission and Reopen Case" is a significant legal procedure that individuals may pursue in specific situations. Typically, a Motion to Set Aside Submission and Reopen Case is filed when a party involved in a legal dispute believes that there were significant errors, misunderstandings, or injustices that occurred during the initial proceedings. This motion presents an opportunity to request the court to revisit the case, reevaluate the evidence, and potentially make new decisions based on the newly presented information. In San Jose, California, where the legal system is well-respected, there are various types of Motions to Set Aside Submission and Reopen Case that can be applicable, depending on the specific circumstances. Some commonly seen variations include: 1. Motion to Set Aside Submission and Reopen Criminal Case: This motion is typically filed by individuals who were convicted of a criminal offense and believe that their case was mishandled, important evidence was overlooked, or their rights were violated. This motion gives them an opportunity to present new evidence, argue for a retrial, or request a reconsideration of the previous judgment. 2. Motion to Set Aside Submission and Reopen Family Law Case: In family law matters such as divorce, child custody, or spousal support, parties involved may file this motion if they discover new evidence or can prove that there were material errors during the original proceedings. This motion allows for a reopening of the case and potentially changes the court's previous decisions. 3. Motion to Set Aside Submission and Reopen Civil Case: In civil litigation cases, this type of motion can be utilized by either the plaintiff or the defendant who believes that crucial evidence was not considered or that there were procedural errors in the initial judgment. Filing this motion can potentially lead to a reevaluation of the case and a revision of the court's previous ruling. 4. Motion to Set Aside Submission and Reopen Bankruptcy Case: In bankruptcy proceedings, individuals or businesses can request to reopen their case if they can demonstrate that there were significant errors or new circumstances that would warrant reconsideration. This motion allows for the resolution of outstanding issues or the introduction of additional evidence not previously available. It is essential to consult with an experienced attorney when considering a Motion to Set Aside Submission and Reopen Case in San Jose, California, as the specific requirements and procedures may vary depending on the type of case involved. Legal professionals can guide individuals through the complex process, increasing their chances of success in obtaining desired outcomes.

San Jose California is a vibrant city located in the heart of Silicon Valley, known for its thriving technology industry and diverse cultural landscape. In the legal realm, a "Motion to Set Aside Submission and Reopen Case" is a significant legal procedure that individuals may pursue in specific situations. Typically, a Motion to Set Aside Submission and Reopen Case is filed when a party involved in a legal dispute believes that there were significant errors, misunderstandings, or injustices that occurred during the initial proceedings. This motion presents an opportunity to request the court to revisit the case, reevaluate the evidence, and potentially make new decisions based on the newly presented information. In San Jose, California, where the legal system is well-respected, there are various types of Motions to Set Aside Submission and Reopen Case that can be applicable, depending on the specific circumstances. Some commonly seen variations include: 1. Motion to Set Aside Submission and Reopen Criminal Case: This motion is typically filed by individuals who were convicted of a criminal offense and believe that their case was mishandled, important evidence was overlooked, or their rights were violated. This motion gives them an opportunity to present new evidence, argue for a retrial, or request a reconsideration of the previous judgment. 2. Motion to Set Aside Submission and Reopen Family Law Case: In family law matters such as divorce, child custody, or spousal support, parties involved may file this motion if they discover new evidence or can prove that there were material errors during the original proceedings. This motion allows for a reopening of the case and potentially changes the court's previous decisions. 3. Motion to Set Aside Submission and Reopen Civil Case: In civil litigation cases, this type of motion can be utilized by either the plaintiff or the defendant who believes that crucial evidence was not considered or that there were procedural errors in the initial judgment. Filing this motion can potentially lead to a reevaluation of the case and a revision of the court's previous ruling. 4. Motion to Set Aside Submission and Reopen Bankruptcy Case: In bankruptcy proceedings, individuals or businesses can request to reopen their case if they can demonstrate that there were significant errors or new circumstances that would warrant reconsideration. This motion allows for the resolution of outstanding issues or the introduction of additional evidence not previously available. It is essential to consult with an experienced attorney when considering a Motion to Set Aside Submission and Reopen Case in San Jose, California, as the specific requirements and procedures may vary depending on the type of case involved. Legal professionals can guide individuals through the complex process, increasing their chances of success in obtaining desired outcomes.

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FAQ

How to vacate your judgment Fill out a Notice of Motion to Vacate Judgment and Declaration (Small Claims) (Form SC-135 ). File it with the small claims court clerk. Pay the filing fee. If you cannot afford the fee, ask for a fee waiver. The clerk will give you a date for your hearing.

Decides the verdict by deciding the facts. Decides on issues of law during a trial. Decides whether or not there is enough evidence to bring criminal charges.

When a judge takes a matter under advisement or under submission, it means they will think about it, possibly do additional research and render a ruling or decision later. A defendant may or may not need to go back to court, depending on whether...

Definition of take (something) under advisement : to consider (something) carefully Thank you for your suggestion. We'll take the matter under advisement.

Other times, the judge may not decide the case until later. This is called "taking the case under submission." If the judge takes the case under submission, you'll receive your copy of the Notice of Entry of Judgment in the mail, after the case is decided.

A case may be reopened if it is dismissed without prejudice for a procedural matter such as failing to provide discovery, failing to file appropriate pleadings or even failing to appear for trial, a motion to reopen or restore the case to the active calendar may be made.

You must file a motion for reconsideration within 10 days of being served with the written notice of entry of the order you want the court to reconsider. The motion must also include an affidavit with information about the original order and the new facts, circumstances, or law. The requirements are very specific.

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.

Submission means a surrender or yielding, as to an arrest; or a command. It refers to a matter to another for consideration and decision. For instance, the act of the court in instructing the jury and sending them out to return a verdict is a submission.

A case may be reopened if it is dismissed without prejudice for a procedural matter such as failing to provide discovery, failing to file appropriate pleadings or even failing to appear for trial, a motion to reopen or restore the case to the active calendar may be made.

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Education to the children of five of the plaintiffs in this case. In the blood had not been provided.On motion, counsel submitted the complete court documentation Case no. Expungement (Cleaning up Your Criminal Record) An expungement allows you to reopen your criminal case, set aside the conviction and dismiss the case. The Rule should be set aside because Chad Wolf lacks valid authority. To best help users find your content and products in Search, we recommend that websites clearly identify products mentioned. Martin Martinez is a partner-in-charge of the Tax Services in Houston, Texas and is a member of the Firm's National Tax Office.

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San Jose California Motion to Set Aside Submission and Reopen Case