Alaska Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence

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US-02766BG
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

An Alaska Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a legal document often utilized in the Alaska court system. This affidavit is typically filed by an attorney on behalf of their client when new evidence is discovered that could potentially have a significant impact on the outcome of the case. The purpose of the affidavit is to present this newly discovered evidence to the court and argue why it is crucial to set aside the previous submission and reopen the case. This document provides a detailed description of the evidence, explains its relevance to the case, and provides legal arguments supporting the request for the case to be reopened. In Alaska, there may be different types of affidavits of attorney in support of a motion to set aside submission and reopen a case based on newly discovered evidence, depending on the nature of the case. Some potential variations of this affidavit could include: 1. Criminal Case Affidavit: This type of affidavit may be filed in criminal cases, where the newly discovered evidence might exonerate the defendant or cast significant doubt on their guilt. The affidavit would outline the specific evidence and explain how it was discovered after the original submission. 2. Civil Case Affidavit: In civil cases, this affidavit could be used when new evidence has come to light that could potentially alter the outcome of a civil lawsuit. The affidavit would present the evidence and argue that it warrants the case being reopened to consider this new information. 3. Family Law Case Affidavit: Family law cases, such as child custody battles or divorce proceedings, may also involve an affidavit to set aside submission and reopen a case based on newly discovered evidence. This affidavit would highlight relevant evidence impacting the case's outcome, such as proof of misconduct or changes in circumstances. 4. Personal Injury Case Affidavit: This type of affidavit may be utilized in personal injury cases if new evidence comes to light that demonstrates liability or damages differently than previously known. The affidavit would present the evidence and argue that reopening the case is necessary for a fair resolution. In conclusion, an Alaska Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a crucial legal document in the Alaska court system. It serves to present newly discovered evidence to the court, justifying the request to set aside the previous submission and reopen the case for further consideration.

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Rule 40 - Index to Cases (a) The court system shall maintain an index by last name of every party named in every case filed, regardless of whether a party's true name is protected in the public index under paragraphs (b) or (c) of this rule.

Rule 90 - Contempts (a)Contempt in Presence of Court. A contempt may be punished summarily if the judge certifies that the judge saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court.

Rule 40 - Index to Cases (a) The court system shall maintain an index by last name of every party named in every case filed, regardless of whether a party's true name is protected in the public index under paragraphs (b) or (c) of this rule.

Rule 11 - Pleas (a)Alternatives. A defendant may plead not guilty, guilty or nolo contendere. If a defendant refuses to plead, stands mute, or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.

On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...

Rule 82 - Attorney's Fees (a)Allowance to Prevailing Party. Except as otherwise provided by law or agreed to by the parties, the prevailing party in a civil case shall be awarded attorney's fees calculated under this rule.

A defendant is entitled to a preliminary examination if the defendant is charged with a felony for which the defendant has not been indicted, unless (A) the defendant waives the preliminary examination, or (B) an information has been filed against the defendant with the defendant's consent in the superior court.

A parent or guardian of a minor who has a claim against another person has the power to execute a full release or a covenant not to sue, or to execute a stipulation for entry of judgment on such claim.

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The court should set aside the Judgment or Order because of the following reason (you must choose the reason(s) below that apply):. What is the deadline to file a Motion to Set Aside Judgment? Does the other side get to file a response to a Motion to Set Aside Judgment; What happens after ...by P Mogin — Rule. 33(b)(1) now provides that a new trial motion grounded on newly discovered evidence may be filed within three years of the verdict, whereas Rule 33(b)(2) ... Jun 18, 2018 — The court must deny a second or successive motion unless the court of appeals first certifies that the motion relies on a new rule of ... Mar 24, 2022 — One such rule is Rule 60(b), which. “allows a party to seek relief from a final judgment, and request reopening of his case, under a limited set ... by LB Orfield · Cited by 24 — A motion for a new trial based on the ground of newly discovered evidence may be made only before or within two years after final judgment, but if an appeal is ... On February 5, the court denied Paul's motion to set aside the stipulation and reopen evidence. Paul filed a notice of appeal. In early February Dr. Mander ... for a new trial under Rule 33, but if based on newly discovered evidence, only if the motion is made no later than 14 days after the entry of the judgment; or ... An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and ... by DR Hague · 2016 · Cited by 12 — party's action that seeks to set aside a judgment based upon fraud during the discovery process. I. ABUSIVE DISCOVERY PRACTICE. A. Common ...

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Alaska Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence