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

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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.

The District of Columbia Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a legal document used in the District of Columbia court system to request the reopening of a case and the submission of newly discovered evidence. This affidavit is filed by an attorney on behalf of their client, outlining the reasons why the previous submission should be set aside and the case should be revisited. Keywords: District of Columbia, affidavit, attorney, motion, set aside submission, reopen case, newly discovered evidence. In the District of Columbia, there might be different types of Affidavits of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence, tailored for specific cases. Some possible variations include: 1. Criminal Case Affidavit: This affidavit type is used in criminal cases where the defense attorney presents newly discovered evidence that could potentially exonerate the client or warrant a reevaluation of the previous ruling. The affidavit emphasizes how this evidence was not available during the original trial. 2. Civil Case Affidavit: This affidavit variant applies to civil cases where the attorney is seeking to set aside a previous submission and reopen the case based on newly discovered evidence. The affidavit highlights how the newly found evidence can significantly impact the outcome or damages awarded. 3. Family Court Affidavit: This type of affidavit is specific to family law cases, such as divorce or child custody disputes. The attorney employs the affidavit to support a motion to set aside a previous submission and reopen the case due to the discovery of new evidence that could influence child support, visitation rights, or other key aspects of the case. The District of Columbia Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence serves as a crucial tool for attorneys to advocate for their clients' legal rights. By filing this affidavit, attorneys aim to present convincing arguments that justify the reconsideration of a case based on recently found evidence that was not available during the original proceedings. This document plays a significant role in ensuring due process and the pursuit of justice in the District of Columbia court system.

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Rule 12-I(a) provides that a moving party must seek consent of other affected parties prior to the filing of a motion, except with respect to Rule 11 motions for imposition of sanctions. In these instances, a good faith effort to resolve the disputed issues is required.

Federal laws apply in the District of Columbia as they do across the rest of the U.S. In addition to the U.S. Constitution, which is the supreme law of the U.S., federal laws include statutes that are periodically codified in the U.S. Code. Federal laws also include decisions by courts that interpret federal laws.

Penal Code section 1181 governs motions for a new trial based on newly discovered evidence.

(b) A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement and the statement is (1) inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in ...

Instead, the rules of evidence are sprinkled throughout the D.C. Code, particularly Title 14, and the Rules of Civil and Criminal Procedure.

At trial, the witnesses' testimony must be taken in open court unless otherwise provided by these rules. For good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location.

Some states do not have formal rules of evidence, and instead rely on past court decisions (precedent).

It can affirm the judgment of the trial court, in which case the decision of the trial court is upheld. It can modify the judgment, or it can reverse the judgment of the trial court in part or entirely. If it does reverse, the case is sent back to the trial court usually for retrial on the reversed part.

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Feb 23, 2023 — (2) enter a judgment of a reasonable attorney's fee and tax costs in favor of the party filing the motion to vacate and set aside the attachment ... Dec 1, 2022 — ... based on newly discovered evidence, only if the motion is made no ... (i) Any affidavit or other paper necessary to support a motion must be ...May 20, 2021 — Explaining why you missed your court date or didn't file an Answer;; Changing the terms of a court order;; Asking the court to dismiss the case; ... case of reciprocal discipline, the attorney must submit proof of reinstatement by the court. Page 109. 109 in which the attorney was disciplined. Section (c) ... Aug 2, 2018 — — A motion to reopen must be supported by evidence. See ... file a written motion with the Board of Immigration Appeals to set aside a default. (1) File a motion in the District Court where the case was (Use form DC-002) · You can file a motion to "alter or amend" the judgment in writing within ten (10) ... If a notice of appeal has been filed prior to the expiration of the 21-day period prescribed by Rule 1:1, the circuit court retains plenary, concurrent ... Jul 1, 2023 — ... motions based on absence of evidence must be supported by affidavit of the party, the party's agent or attorney, and must show the following: a. Fill out a Rule 4 affidavit. The affidavit is different depending on how you served the papers. a. If you served the other party by text or email, use the ... Civil Case Initiation Form. The clerk shall require the attorney filing a civil action to complete the civil case initiation form. The clerk shall enter the ...

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