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.
Set Aside Petition Format In San Jose
Category:
State:
Multi-State
City:
San Jose
Control #:
US-000297
Format:
Word;
Rich Text
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FAQ
(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.
Under CCP § 473(b), the court may set aside a default and default judgment if the defendant asking for the set aside presents enough evidence to the court to demonstrate that the default was entered by inadvertence, mistake, surprise, or excusable neglect.
(b) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.
File a motion to set aside or cancel the judge's decision You're allowed to file for a set aside for up to 6 months after the judgment was made.
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.
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.
The judge, when deciding on the relevance of a witness's response to a certain question, is exercising judicial discretion. This discretion allows the judge to ensure the trial process remains fair and relevant while still allowing the defense to challenge the prosecution.
Bench trial o Before a trial begins, one choice looms large for all criminal defendants & most civil plaintiffs: should the case be heard by a judge or jury? If the opposing party consents, defendants & plaintiffs can opt to have the verdict decided by a judge, in a proceeding called a bench trial.
If the court sent a Notice of Entry of Default If the court has your address, the clerk mails you a Notice of Entry of Default. If they sent this, you must file and serve the request to set aside within 180 days from the date you were served that notice.