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.
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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How to fill out Affidavit Of Attorney In Support Of Motion To Set Aside Submission And Reopen Case Based On Newly Discovered Evidence?
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FAQ
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.