This form is a generic sample of a motion to reopen a case based on newly discovered evidence.
California Motion to Set Aside Submission and Reopen Case
State:
Multi-State
Control #:
US-02764BG
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Motion To Set Aside Submission And Reopen Case?
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FAQ
Verb. If police or the courts reopen a legal case, they investigate it again because it has never been solved or because there was something wrong in the way it was investigated before.
(a) Purpose ? A motion to reopen asks the immigration court to reopen proceedings after the immigration judge has rendered a decision, so that the immigration judge can consider new facts or evidence in the case.
A closed case can be re-opened if there's new (and relevant) evidence that may change the original verdict. There is a month in which the person can appeal a closed case. They can also make convince the judge to review it afterwords.
A motion to reopen asks the court to reexamine the case. To successfully do this, there has to be new evidence that was discovered after the conclusion of the case.
Section 473.5 - Notice or motion to set aside default or default judgment and leave to defend (a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice ...
If the bungling efforts of an ineffective defense attorney have unfairly influenced the outcome of your original proceeding, you may have legitimate grounds for a new trial. For example, your attorney might have failed to call a certain witness or produce physical evidence to support your alibi.
CAL. § 473 provides, in part: "The court may, upon such terms as may be just, relieve a party or his legal respresentative from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise or ex- cusable neglect.
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.