This form is a generic sample of a motion to reopen a case based on newly discovered evidence.
Florida Motion to Set Aside Submission and Reopen Case
State:
Multi-State
Control #:
US-02764BG
Format:
Word;
Rich Text
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FAQ
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.
Motions for rehearing must be filed within fifteen (15) days after the date the final order or judgment was filed. Late motions will be denied as untimely.
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.
Grounds for Vacating a Final Judgment Mistakes, inadvertence, surprise, or excusable neglect; Newly discovered evidence that could not have been reasonably discovered previously; Fraud, misrepresentation, or other misconduct of an adverse party; The judgment is void; or.
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.
Rule 1.540(b), Florida Rules of Civil Procedure provides that a Final Judgment may be set aside for mistakes, inadvertence, excusable neglect, newly discovered evidence, fraud, etc.
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.