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.
A judge can set aside a default judgment for the following reasons, among others: Mistake, inadvertence, surprise, or excusable neglect of the party who failed to defend himself in the case. Fraud, misrepresentation, or other misconduct by the party who filed the case.
How to ask the judge to set aside an order Fill out forms. Fill out the Request for Order (form FL-300) ... Write out legal reasons and facts. You must write out what happened and the legal reason why the judge should set aside the order. Include a proposed response. Make copies and file your request. File your forms.
(f) The motion provided for in this section may be made only after one of the following conditions has occurred: (1) If the moving party is a plaintiff, and the defendant has already filed his or her answer to the complaint and the time for the plaintiff to demur to the answer has expired.
File a motion to set aside or cancel the judge's decision A set aside is only allowed in rare situations - things that happened due to your "mistake, inadvertence, surprise, or excusable neglect" ing to the law.
The basic process to set aside an order or judgment is similar. Figure out if you have a legal reason. You need to give the judge a legal reason why they should set aside the order or judgment. Fill out and file forms. Fill out and file forms with the court. Serve the other side. Go to the court date.
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.