Motion To Clarify Order Without Notice

State:
Alabama
Control #:
AL-1116A
Format:
Word; 
Rich Text
Instant download

Description

This is a sample motion filed by a plaintiff in Circuit Court seeking to have a court's order clarified or in the alternative set aside.

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FAQ

It's very difficult to get a court order set aside and you've got to have a very good reason for asking for this to happen. The judge will decide whether you have a good case. Possible reasons for getting the order set aside include: you have a defence to the claim which you were not able to make known earlier.

Court can make an order of its own initiative 3.3(4) states: 'The court may make an order of its own initiative, without hearing the parties or giving them an opportunity to make representations. ' (a) a party affected by the order may apply to have it set aside, varied or stayed...'

The purpose of a Motion for Clarification is to ask the Court to explain the provisions of a prior order of the Court that a party does not fully understand.

Common post-trial motions include: Motion for a New Trial ? The court can vacate the judgment and allow for a new trial. ... Motion for Judgment of Acquittal ? Court may set aside the jury's verdict and allow the defendant to go free.

There are several different types of post-judgment motions, but the most common are motions for new trial, motions to vacate, and motions to set-aside. Motions for new trial, motions to vacate, and motions to set-aside are the three most common post-judgment motions.

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Motion To Clarify Order Without Notice