Wayne Michigan Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence

State:
Multi-State
County:
Wayne
Control #:
US-02766BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

A Wayne Michigan Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a legal document filed by an attorney in Wayne County, Michigan, in order to present newly discovered evidence that could potentially overturn a previous submission and reopen a case. This affidavit is used when there is new evidence that was not available or known during the original submission or trial, which could have a significant impact on the case's outcome. The attorney filing this motion must provide a detailed explanation and supporting evidence to convince the court to set aside the previous submission and reopen the case. The purpose of this affidavit is to inform the court of the newly discovered evidence and explain its relevance to the case. By presenting this evidence, the attorney seeks to demonstrate that a mistake, omission, or oversight occurred during the original submission, resulting in an unjust or incorrect judgment. Relevant keywords that can be included in a Wayne Michigan Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence may include: 1. Wayne County: Referring to the specific jurisdiction where the case was originally tried. 2. Affidavit: A sworn statement made by the attorney providing factual information regarding the newly discovered evidence. 3. Motion: The formal request to the court to set aside the previous submission and reopen the case. 4. Set Aside: Asking the court to nullify the previous submission or judgment based on the grounds of newly discovered evidence. 5. Reopen: Seeking to have the case reintroduced and reviewed by the court, allowing the new evidence to be considered. 6. Newly Discovered Evidence: The key element that supports the attorney's argument for reopening the case. It signifies evidence that was not known or available during the original submission or trial. 7. Support: Demonstrating the attorney's backing and justification for the requested motion through carefully presented arguments, facts, and legal references. 8. Case: Referring to the specific legal matter that is being addressed. 9. Attorney: Indicating the licensed legal professional representing the client and filing the affidavit. 10. Evidence: Facts, documents, or information that supports a claim or dispute in the case. It is important to note that variations of this affidavit may exist depending on the specific circumstances or local court rules in Wayne County, Michigan. Thus, it is advisable to consult with an attorney or legal professional familiar with the jurisdiction to ensure compliance with any specific requirements.

Free preview
  • Form preview
  • Form preview

How to fill out Wayne Michigan Affidavit Of Attorney In Support Of Motion To Set Aside Submission And Reopen Case Based On Newly Discovered Evidence?

A document routine always goes along with any legal activity you make. Opening a business, applying or accepting a job offer, transferring property, and lots of other life situations demand you prepare formal documentation that differs throughout the country. That's why having it all accumulated in one place is so valuable.

US Legal Forms is the biggest online collection of up-to-date federal and state-specific legal templates. Here, you can easily find and get a document for any personal or business objective utilized in your county, including the Wayne Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence.

Locating templates on the platform is remarkably simple. If you already have a subscription to our service, log in to your account, find the sample using the search field, and click Download to save it on your device. Afterward, the Wayne Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence will be available for further use in the My Forms tab of your profile.

If you are dealing with US Legal Forms for the first time, follow this simple guide to get the Wayne Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence:

  1. Make sure you have opened the right page with your regional form.
  2. Use the Preview mode (if available) and browse through the sample.
  3. Read the description (if any) to ensure the form satisfies your requirements.
  4. Search for another document via the search tab in case the sample doesn't fit you.
  5. Click Buy Now once you locate the required template.
  6. Decide on the suitable subscription plan, then log in or create an account.
  7. Select the preferred payment method (with credit card or PayPal) to continue.
  8. Choose file format and download the Wayne Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence on your device.
  9. Use it as needed: print it or fill it out electronically, sign it, and send where requested.

This is the easiest and most reliable way to obtain legal paperwork. All the templates available in our library are professionally drafted and checked for correspondence to local laws and regulations. Prepare your paperwork and run your legal affairs effectively with the US Legal Forms!

Form popularity

FAQ

Mandatory Relief for Attorney Error in California Applies Only to Defaults, Default Judgments and Dismissals, Not Analogous Situations. Freeman Mathis & Gary. USA February 5 2020. California Code of Civil Procedure section 473, subdivision (b) provides two avenues for relief when attorneys make mistakes.

Filing a Motion to Set Aside Default Judgment in Texas If you received a notice of default judgment from a Texas court, your only option is to file a motion to set aside the default judgment. Normally, you would have 30 days from the judge's order granting the motion to file a motion to set aside default judgment.

CCP Section 473 permits the trial court to 'relieve a partyfrom a judgment, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect.

A judgment is void if the court lacked jurisdiction over the subject matter or parties, for example, if the defendant was not validly served with summons. If a judgment is in fact void on its face, there is no time limit mentioned for a party to file a motion to set aside the void judgment.

SQUILLARIO. Fortunately, Code of Civil Procedure Section 473(b) offers a potential escape hatch when an attorney's mistake, inadvertence, surprise or neglect has harmed the client.

File your Motion and the copies with the court clerk's office in the court where your case was heard. File a copy of the proposed order with your Motion. You can file your forms in person or by mailing your Motion and the copies to the court. The clerk will give you a hearing date and time when you file your Motion.

You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.

Excusable neglect is a term associated with proceedings, notably in bankruptcy cases, that includes inadvertence, mistake, carelessness, or any intervening circumstances beyond a party's control. A court has the direction to allow a party to file a motion after the deadline if it finds excusable neglect.

The process for setting aside default judgment An application will need to be made quickly to the court to set aside judgment which your solicitor can prepare for you. Alternatively you can access the application form N244 from the court website. There is a guidance note on how to complete the form.

Interesting Questions

More info

These include child support, domestic abuse, and adoption. 7.1. 1 Domestic Relations.Chapter 5 – Venue and Forum Non Conveniens. Chapter 6 – Service of Process and Personal Jurisdiction. See, eg, Federal Court of Australia, 'Special Measures in Response to Covid-19 (SMIN-1)' (Information. Bridget M. Mc Cormack. LEGAL PRACTITIONERS (NORTHERN TERRITORY) Appeal cancellation of unrestricted practising certificate fit and proper person . (b) Commission, person, employer, and employee have the meanings set forth in section 3 of the Act, 29 U.S.C. 652. Proof of service -- A certificate of service complying with § 89. To involve DOJ in efforts to overturn the 2020 presidential election results and plotted with then.

Trusted and secure by over 3 million people of the world’s leading companies

Wayne Michigan Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence