Guam Motion to Set Aside Submission and Reopen Case

State:
Multi-State
Control #:
US-02764BG
Format:
Word; 
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This form is a generic sample of a motion to reopen a case based on newly discovered evidence.

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FAQ

When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate. The phrase is often used in the context of appeals, when an appellate court invalidates the judgment of a lower court.

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.

Set aside. verb(tr, adverb) to reserve for a special purpose; put to one side. to discard, dismiss, or quash.

"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.

Synonyms: allow, appropriate, earmark, reserve. type of: allot, assign, portion. give out.

If we set aside a decision, it means we agree or partially agree the original decision was wrong. We might replace it with a new decision or we might remit the decision which means we send the matter back to the department to make a new decision in ance with our instructions or recommendations.

Other times, the judge may not decide the case until later. This is called "taking the case under submission." If the judge takes the case under submission, you'll receive your copy of the Notice of Entry of Judgment in the mail, after the case is decided.

Reversed - changes to the contrary to opinion of the lower court/body. Reversed in Part - part of the judgment of the lower court was reversed. Vacated - sets aside the judgment of the lower court. Vacated in Part - part of the judgment of the lower court was set aside, or vacated.

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Guam Motion to Set Aside Submission and Reopen Case