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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.
How to Apply to Set Aside an Adult Misdemeanor and/or Felony Conviction Step 1: Complete and sign your application. ... Step 2: Get your certified record of conviction. ... Step 3: Get fingerprinted. ... Step 4: File your application with the court clerk. ... Step 5: Schedule your hearing. ... Step 6: Serve your application.
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.
Applying to get your criminal conviction set aside can take about six months or more. This includes gathering your records, having a hearing, and having your conviction set aside.
In order to make a motion in the Court of Claims, you must prepare a set of "motion papers," serve a copy of the motion papers on the opposing party or the opposing party's attorney, and submit the original and two copies of the motion papers to the Clerk of the Court, with an Affidavit of Service (a sworn statement ...