Set Aside Petition Format In King
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The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court.
Motion papers must be filed with the E-file/Motion Support Office located in Room 227, Ex Parte Office located on the 10th Floor, Foreclosure Part Office located Room 295, OR in the Guardianship/Mental Hygiene Office located in Room 285 (see Note #2), at 360 Adams Street at least five (5) business days before the ...
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
This Stipulation to Adjourn a Motion (NY) is a standard form that attorneys can use to adjourn a motion filed in a civil action in New York Supreme Court. The stipulation notifies the court clerk of the new motion return date and adjusted responsive filing deadlines.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.
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 ...
A petition to set aside an order approving compromise and release is, in effect, a petition to reopen. It requires a showing of good cause. It is not uncommon that one party alleges "mutual mistake," while the other party asserts the mistake was unilateral. This is ultimately decided by the trier of fact.
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.
Thirty days 'to set aside a decree passed ex parte or to rehear an appeal decreed or heard ex parte,' and the starting point of limitation given is 'the date of the decree or, where the summons or notice was not duly served, when the applicant had knowledge of the decree.
“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.