Get NE CC 6:11(a) 2015-2024

Set Aside Law and Legal Definition. Set aside occurs when a judge annuls or negates a court order or judgment by another court. When a criminal conviction is set aside, the person is considered not to have been previously convicted, although sex offender registration requirements may still apply.

In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. ... Motions to set aside judgments entered in civil cases in the United States district courts are governed by Rule 60 of the Federal Rules of Civil Procedure.

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.

In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. ... Motions may be made at any time after entry of judgment, and in some circumstances years after the case has been closed by the courts.

The principle is that a person affected by the Judgment of a Court which is a nullity is entitled to have the very Court set it aside Ex debito justitiae. 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.

"Set Aside" means that a person who has completed probation or a sentence resulting from a criminal conviction may ask the court to dismiss the judgment of guilt and release the convicted person from all penalties and disabilities resulting from the conviction.

While expungement clears a conviction or arrest off of a person's record, sealed records give the appearance that the conviction or arrest has been cleared. In essence, when a person's record is sealed, it means that it's not readily available to the public.

To set aside a case means that the original judgment is changed in some way. ... When a case is dismissed, that means it is closed. It can be dismissed before a trial, during a trial, or at the conclusion. A case dismissed without prejudice means that the case can be re-filed at a later date.

Set Aside Law and Legal Definition. Set aside occurs when a judge annuls or negates a court order or judgment by another court. When a criminal conviction is set aside, the person is considered not to have been previously convicted, although sex offender registration requirements may still apply.

When the person successfully completes probation (i.e., without violating it), the judgment of conviction is set aside. After it is set aside the conviction ceases to have any legal effect. This does not mean the criminal records are sealed; in other words, an SIS does not result in expungement.

Set Aside Law and Legal Definition. Set aside occurs when a judge annuls or negates a court order or judgment by another court. When a criminal conviction is set aside, the person is considered not to have been previously convicted, although sex offender registration requirements may still apply.

In Missouri, an SIS, or Suspended Imposition of Sentence, is a possible outcome in criminal cases where the defendant is placed on probation but is not convicted of crime. It is peculiar, because to receive an SIS, defendants must be found guilty or plead guilty to a crime.

(A suspended sentence is a sentence of imprisonment and the rehabilitation period is therefore determined by the custodial sentence, regardless of the period for which it is suspended).

Suspended imposition of sentence or SIS is a sentencing option available to the trial court. In SIS, usually the defendant is placed on probation. If the defendant violates probation and faces revocation, the Judge may order any sentence within the full range of punishment for the crime convicted.

When something is set aside, it is not necessarily wiped out, but it is changed. In Arizona, a set aside does not destroy the person's criminal record.