This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Generally speaking, to vacate or set aside a conviction or sentence means nullifying the court's judgment on your case. In other words, when the court grants your petition to vacate a conviction, it will look as if your case's trial and judgment never occurred, but it does not mean your case is over.
“When an ex parte decree is passed, the defendant (apart from filing a review petition and a suit for setting aside the ex parte decree on the ground of fraud) has two clear options, one, to file an appeal and another to file an application for setting aside the order in terms of Order IX Rule 13 of the Code.
When a defendant presents sufficient cause before the court for non-appearance the ex-parte decree can be set aside.
1. : to disagree with and overturn (a decision or act of a lower tribunal) upon review : overrule, vacate. set aside the decree. 2. : to deprive of legal effect or force : annul, void.
In case of an ex-parte decree, the defendant may apply under Order 9 Rule 13 C.P.C. for setting aside the ex-parte decree and if the Court is satisfied that summons were not duly served or the defendant was prevented from any sufficient cause from appearing when the suit was called, the Court can make an order for ...
Once the judgment is set aside, the case starts up again. If you do not file an answer with the court to defend against plaintiff's complaint, you could again be defaulted and another default judgment could be entered against you.
“Setting aside decree ex parte against defendant-In any case in which a decree is passed ex-parte against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient ...
To overturn an ex parte order successfully and efficiently in California, you should act swiftly and gather evidence to support your case. First, consult with a family law attorney who can guide you through the legal process and advise you on your rights.
The defendant, it will be observed, may apply under Order IX, Rule 13, for an order to set aside the ex-parte judgment at any period between the date of the judgment and the thirtieth day from the date of the decree or where the summons was not duly served, from the date on which he has knowledge of the decree (See ...
“When an ex parte decree is passed, the defendant (apart from filing a review petition and a suit for setting aside the ex parte decree on the ground of fraud) has two clear options, one, to file an appeal and another to file an application for setting aside the order in terms of Order IX Rule 13 of the Code.