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.

What happens after a default judgement is set aside?

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.

What does it mean to motion aside?

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.

What does it mean when a motion is set aside?

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.

US Legal Forms
Petition to Set Aside Conveyance of Cemetery

Set Aside Petition Meaning In Washington

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

Control #:

US-000297

Format:

Instant download

Description

A set aside petition in Washington is a legal request to nullify previous conveyances of property, particularly in cases involving perpetual care cemeteries. This form is crucial for plaintiffs aiming to clear title disputes and remove clouds on property ownership. Key features include a clear identification of all parties involved, detailed descriptions of the property in question, and an explanation of why the conveyances should be rescinded. Filling out the petition requires careful notation of defendants' information, the history of property transfers, and relevant legal arguments supporting the petition. Attorneys, partners, owners, associates, paralegals, and legal assistants can utilize this form to advocate for clients whose property rights are at risk due to potentially invalid transactions. The format is intended to facilitate straightforward completion and focuses on providing adequate relief as per court decisions. It serves as a valuable tool in real estate law, especially for organizations or individuals concerned about maintaining the integrity of titles for perpetual care cemeteries.

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FAQ

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.