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Set Aside Petition Meaning In Washington
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Generally speaking, Washington allows you to expunge most Class C felonies and some Class B felonies. You cannot petition a court to expunge Class A felonies. Nor can you vacate a violent offense under RCW 9.94A.
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.
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.
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.
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 Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. Such a motion is proposed by a party who is dissatisfied with the result of a case.
In a few situations, a judge can cancel or undo an order or judgment in your family law case. This is called a set-aside.
If your small claims case has been dismissed, you can file a motion asking the court to “set aside” (cancel or revoke) the dismissal.
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Washington offers expungement. Courts also refer to expungement as "vacation" or "set aside.To ask the judge to set aside your default judgment, you must file a "motion" (a formal written request) with the court. Aside is sometimes called expungement or expunction. In Washington State, this procedure allows individuals who have served their sentence and shown good conduct to erase the mark of a conviction. If you have an AZ conviction on your criminal record, you may qualify to set aside your conviction and restore your civil rights. If you were found guilty, the court may set aside the conviction, dismiss the case and vacate the judgment and sentence. How Do I Apply for Set Aside? ; Go to the clerk of the court in the county where you were charged. A motion to set aside (expungement) is a legal proceeding for sealing a record of a criminal arrest and conviction.