Georgia 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.

A Motion to Set Aside Submission and Reopen Case in Georgia refers to a legal request made by a party involved in a court case to have a previous ruling or decision overturned and the case reopened. This motion can be filed for various reasons, such as the discovery of new evidence, procedural errors, fraud, or mathematical miscalculations impacting the original judgment. In Georgia, there are different types of Motions to Set Aside Submission and Reopen Case, depending on the type of case and the grounds upon which the motion is filed. Some of these variations include: 1. Civil Motions to Set Aside Submission and Reopen Case: In civil cases, a party may file a motion to set aside a prior submission and request for the case to be reopened. This can occur when new evidence comes to light which was not available during the initial proceedings, or if a party believes there were errors during the trial that affected the judgment. 2. Criminal Motions to Set Aside Submission and Reopen Case: Similarly, in criminal cases, defendants or their legal representatives can file motions to set aside a submission and reopen the case. These motions are typically based on the discovery of new evidence that could potentially exonerate the defendant, constitutional violations, ineffective assistance of counsel, or any other grounds entitling the defendant to a new trial. 3. Family Law Motions to Set Aside Submission and Reopen Case: In family law matters, such as divorce or child custody cases, parties may also file motions to set aside a submission and reopen the case. These motions can be filed if there is evidence of fraud, perjury, or if there has been a significant change in circumstances that warrants revisiting the original settlement or order. 4. Administrative Motions to Set Aside Submission and Reopen Case: Additionally, individuals involved in administrative proceedings, such as license suspensions, permit denials, or professional licensing matters, can file motions to set aside submission and reopen the case. These motions usually argue that the administrative agency made an error or acted arbitrarily, and seek to have the case reconsidered. It is essential to note that each type of Motion to Set Aside Submission and Reopen Case in Georgia has specific requirements and time limits for filing. Parties seeking to initiate such motions should consult with an experienced attorney to ensure they meet the necessary criteria and follow the appropriate procedures.

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FAQ

Unless otherwise ordered by the judge or as provided by law, each party opposing a motion shall serve and file a response, reply memorandum, affidavits, or other responsive material not later than 30 days after service of the motion.

This is the purpose of a Motion to Set Aside. Motions to Set Aside, if granted, operate to set aside the final judgment entered in the matter. What this means is that the final judgment in the matter will no longer be operative or effective.

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.

Deadlines for Responding to Motion Any party opposing a motion must serve and file a response, opposition memorandum, affidavits, or other responsive material within 30 days of being served with the motion. Ga.

Motions for Reconsideration. Except when otherwise ordered, all motions for reconsideration, see Rule 27, must be physically received or electronically filed in the Clerk's office within 10 days of the order or judgment for which reconsideration is sought. Rule 14.

"The law is settled that a Court has an inherent jurisdiction to set aside its own judgment or order obtained by means of misrepresentation and concealment of facts in the nature of fraud, or where the Court is devoid of jurisdiction.

However, a rarely enforced Georgia statute provides that judges should rule on motions within 90 days after filing or oral argument unless counsel agree in writing to extend the time for a ruling or the judge is "providentially hindered" from making a decision.

(b) In all counties with more than 100,000 inhabitants, it shall be the duty of the judge of the superior, state, or city court, unless providentially hindered or unless counsel for the plaintiff and the defendant agree in writing to extend the time, to decide promptly, within 90 days after the same have been argued ...

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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 ... To use this form, you must be a person who is serving a sentence imposed by a federal court. You are asking for relief from the conviction or the sentence.Aug 28, 2020 — • Default judgment = Motion to set aside judgment AND motion to open default ... • File the answer with the motion to open default. • Announce ... When case in default; opening as matter of right; judgment. If in any case an answer has not been filed within the time required by this chapter, the case ... 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 ... Important: For requests to set aside in a divorce or legal separation case, click here to learn how to file a request. Click here to learn how to respond to a ... An attorney can help explain your rights under the law, draft legal documents on your behalf, file a lawsuit, prepare a case for trial and represent you in a ... (d) Motion to set aside. A motion to set aside may be brought to set aside a judgment based upon: (1) Lack of jurisdiction over the person or the subject matter ... 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 ... This form is always required. This form tells the Clerk of Court whether you have to pay a filing fee. There is typically a $25 filing fee due when you file ...

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Georgia Motion to Set Aside Submission and Reopen Case