This form is a generic sample of a motion to reopen a case based on newly discovered evidence.
Georgia Motion to Set Aside Submission and Reopen Case
State:
Multi-State
Control #:
US-02764BG
Format:
Word;
Rich Text
Instant download
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How to fill out Motion To Set Aside Submission And Reopen Case?
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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 ...