Arkansas Motion to Set Aside Submission and Reopen Case

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Multi-State
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US-02764BG
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Description

This form is a generic sample of a motion to reopen a case based on newly discovered evidence.

Description: Arkansas Motion to Set Aside Submission and Reopen Case is a legal proceeding in which a party involved in a case seeks to have a previous submission set aside and the case reopened. This motion is typically filed when new evidence or information has emerged that could potentially impact the outcome of the case, or when there are grounds to challenge the initial decision made by the court. Different Types of Arkansas Motion to Set Aside Submission and Reopen Case: 1. Motion to Set Aside Submission and Reopen Case — In this type of motion, the party requests the court to set aside the previous submission and reopen the case based on new evidence or information that wasn't available at the time of the initial decision. 2. Motion to Set Aside Submission and Reopen Case due to Ineffective Assistance of Counsel — This type of motion is filed when the party believes that their legal representation during the initial proceedings was ineffective and resulted in an unfair outcome. Grounds for ineffective assistance of counsel may include errors in legal judgment, failure to investigate or present crucial evidence, or failure to provide adequate legal advice. 3. Motion to Set Aside Submission and Reopen Case based on Fraud or Misrepresentation — If a party discovers that fraud or misrepresentation occurred during the initial proceedings, they can file this type of motion. The party must provide credible evidence proving that the fraud or misrepresentation had a significant impact on the court's decision. 4. Motion to Set Aside Submission and Reopen Case due to Newly Discovered Evidence — When new evidence, previously unknown or unavailable, surfaces that could significantly impact the outcome of the case, this motion can be filed. The party must demonstrate that the newly discovered evidence is material and could have a substantial effect on the court's decision if presented earlier. 5. Motion to Set Aside Submission and Reopen Case based on a Legal Error — This type of motion is filed when the party believes that a clear legal error occurred during the previous proceedings, such as an incorrect interpretation of the law or a violation of procedural rules, resulting in an unjust outcome. The party must show how the legal error affected the court's decision and why it warrants reopening the case. In any of these situations, filing an Arkansas Motion to Set Aside Submission and Reopen Case requires the party to present persuasive arguments, relevant evidence, and adhere to the specific legal procedures outlined by the Arkansas court system. It is crucial to consult with an experienced attorney to understand the specific requirements and deadlines for filing these motions.

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The court may, upon motion, set aside a default judgment previously entered for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) the judgment is void; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; or (4 ...

To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.

To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.

Removing A Judgment from Your Record There are only three ways in which a judgment can be made to go away: paying the debt, vacating the judgment or discharging the debt through bankruptcy.

Judgment is a void judgment if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process, Fed.

Order 9 Rule 13 states that while setting aside ex-parte decree, the defendant may apply to the Court by which the decree was passed for an order to set it aside and if the Court is satisfied that the summons were not duly served, or that he was prevented by any sufficient means from appearing when the suit was called ...

It states the general rule that the court may, with prior notice to all parties, modify a judgment, decree or order within 90 days of its filing with the clerk to "correct errors or mistakes or to prevent the miscarriage of justice." Revised subdivision (b) expressly states an exception for "clerical mistakes" and ...

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.

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When a judgment is set aside on the motion of a defendant constructively summoned, the court may order the plaintiff in the action to restore to the defendant ... To prepare and file your motion, follow these steps:  Get a copy of your case file from the court clerk. You will need information from your case to complete ...JS-44 (CIVIL COVER SHEET): The original of this form needs to be submitted with the complaint. (See pages 17-18.) 2. FILING FEE: The filing fee is $350.00. 3. Court Forms ; Petition for Appointment of Guardian of the Person and Estate (Guardianship) ; Probate Cover - Instructions ; Probate Cover Sheet ; Probate Cover ... Jun 1, 2022 — Appellate Update is a service provided by the Administrative Office of the Courts to assist in locating published decisions of the Arkansas ... Important: Bring the original Proof of Service form to the Court with you the day of the hearing or file the original Proof of Service with the County Clerk's ... When a motion for a new trial is based on affidavits, they must be filed with the motion. The opposing party has 14 days after being served to file opposing ... You will need to complete an Opposition, a Motion/Opposition Fee Information Sheet, and a Financial Disclosure Form (if there are financial issues for the judge ... There is a $20 motion fee for filing a motion to set aside default. 2. Fill out the Motion form. Write in the court number, case number, the court address ... File a motion for relief from default judgment (also called motion to set aside or vacate a judgment) to reopen a case you lost by default.

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Arkansas Motion to Set Aside Submission and Reopen Case