What is a petition to set aside a compromise and release?

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.

US Legal Forms
Petition to Set Aside Conveyance of Cemetery

Set Aside Petition Meaning In Nassau

Q: What does it mean when a case is set aside?

A set aside in simple terms means that a court vacates or voids a prior order, as if the order never existed. Before a court will set aside a judgment or order, there must be a clear statutory basis for the set aside, and facts that warrant the order vacated.

Category:

Real Estate - Cemeteries

State:

Multi-State

County:

Nassau

Control #:

US-000297

Format:

Instant download

Description

The Set Aside Petition meaning in Nassau refers to a legal request made to the court to nullify a previous property conveyance that may have been improperly executed or recorded. This petition is crucial for parties who have a vested interest in protecting their rights to real estate, particularly in matters involving perpetual care cemeteries. The form outlines the necessary claims and evidence required to persuade the court to grant relief by declaring previous deeds invalid. Key features of this form include sections for detailing the parties involved, the specific property at issue, and the legal basis for requesting to set aside the conveyance. Fillers should ensure all relevant details and supporting documents, such as previous deeds, are attached and accurately presented. This form is particularly useful for attorneys, partners, and associates handling real estate disputes, as well as paralegals and legal assistants assisting with case preparations. It empowers legal professionals to effectively advocate for their clients’ interests in property disputes and provides a structured framework for requesting judicial intervention.

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FAQ

In an insolvency context, it refers to an administrator, liquidator or trustee in bankruptcy challenging a transaction entered into by an insolvent entity prior to any formal insolvency process, to reclaim assets for creditors.

A “set aside” in simple terms means that a court vacates or voids a prior order, as if the order never existed. Before a court will “set aside” a judgment or order, there must be a clear statutory basis for the set aside, and facts that warrant the order vacated.

What does Set aside mean? Cancelling a judgment or order or a step taken by a party in the proceedings. Speed up all aspects of your legal work with tools that help you to work faster and smarter.

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.

A petition for approval of compromise of claim of minor or adult person with a disability is filed when parties have agreed to settle a claim of a minor or adult person with a disability. The law doesn't allow a minor or person with a disability to settle their own claim without an adult guardian.

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.

A 440 motion must be filed with the judge who presided over the trial. If the trial judge is no longer on the bench, then the defendant will have to contact the appropriate court clerk to determine what judge the motion should be presented to.

If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.

The decision of the court shall be rendered within sixty days after the cause or matter is finally submitted or within sixty days after a motion under rule 4403, whichever is later, unless the parties agree to extend the time.