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.
Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence
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Description
Definition and meaning
The Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a legal document prepared by an attorney. It is used to request the court to reconsider a case that has not yet been decided due to new evidence that has come to light.
Who should use this form
This form should be utilized by attorneys representing clients in ongoing cases where new evidence has emerged after submission. It enables the attorney to formally request the court's attention to this evidence and seek a reopening of the case for further consideration.
How to complete a form
To properly complete this affidavit, follow these steps:
- Enter the court name and case details at the top of the document.
- Identify yourself as the attorney of record and confirm the case's plaintiff and defendant.
- Provide the date when the case was submitted for decision.
- Detail the new evidence discovered along with its materiality to the case.
- Explain the circumstances of discovering this evidence.
- Sign and date the affidavit before a notary public.
Key components of the form
This affidavit comprises several essential components including:
- The identity of the affiant (attorney).
- Details about the original court submission date.
- A description of the newly discovered oral evidence.
- A description of the newly discovered documentary evidence.
- The attestation of the affidavit by a notary public.
Common mistakes to avoid when using this form
When preparing the affidavit, be mindful of the following common errors:
- Failing to provide complete details about the newly discovered evidence.
- Neglecting to sign or date the affidavit.
- Omitting the notary acknowledgment, which is vital for the document’s validity.
- Not coordinating the filing timeline with court requirements.
What to expect during notarization or witnessing
When you present the affidavit to a notary public, expect the following process:
- The notary will verify your identity and ensure that you are signing voluntarily.
- They will require you to provide identification documentation.
- After signing, the notary will complete the acknowledgment section, including their signature and seal.
Key takeaways
The Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a crucial legal tool. It allows the introduction of new evidence in an unresolved case. Ensure it is completed accurately to avoid legal repercussions and facilitate the reopening of the case effectively.
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FAQ
Set aside. v. to annul or negate a court order or judgment by another court order. Example: a court dismisses a complaint believing the case had been settled. Upon being informed by a lawyer's motion that the lawsuit was not settled, the judge will issue an order to "set aside" the original dismissal.
If you do not owe the money, you can ask the court to cancel the county court judgment ( CCJ ) or high court judgment. This is known as getting the judgment 'set aside'. You can do this if you did not receive, or did not respond to, the original claim from the court saying you owed the money.
When a court sets aside a conviction it dismisses the conviction, the penalties are dismissed and disabilities are vacated. The record of the prior conviction remains but the court record will also note that the conviction has been set aside.
A set aside hearing would normally consider whether the defendant has an 'arguable' defence rather than making a final decision on whether the defence is correct or not. If the court agrees there's an arguable defence, they'll set aside the judgment and allow you to file a defence.