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.
Guam Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a legal document used in Guam courts. This affidavit is typically filed by an attorney representing a party who seeks to have a previously submitted legal document set aside and the case reopened based on newly discovered evidence. This content will provide a detailed description of what Guam Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence entails, including its purpose, process, and potential variations. Purpose: The Guam Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence serves the purpose of requesting the court to reconsider a previously submitted legal document, such as a judgment, order, or decision. The attorney presents newly discovered evidence that is significant and material to the case, which they argue was not available or known during the initial submission. The objective is to provide the court with compelling reasons to set aside the prior decision and reopen the case for further proceedings. Process: 1. Detailed Explanation: The attorney starts by providing a comprehensive explanation of the case, including the relevant background information, prior submissions, and the decision that was made. They must identify when and where the previous submission occurred, identifying the court, case number, and date. 2. Newly Discovered Evidence: In this section, the attorney presents the newly discovered evidence that was not known or available during the original submission. The evidence must be significant, material, and directly impact the previous decision. The attorney should clearly outline what the evidence is, how it was obtained, and explain why it is crucial to the case. 3. Legal Basis: To support their motion, the attorney must cite the legal basis for setting aside the submission and reopening the case. This may involve referencing specific laws, court rules, or precedents that allow for such relief. The attorney should explain how the newly discovered evidence meets the legal criteria required for reconsideration and reopening. 4. Argument and Analysis: Here, the attorney presents a strong argument detailing why the court should grant the motion to set aside the submission and reopen the case. They may highlight any errors, misinterpretations, or deficiencies in the previous decision. It is essential to demonstrate how the newly discovered evidence substantially affects the prior ruling and any implications it may have on the outcome. 5. Relief Sought: The attorney concludes the affidavit by clearly stating the relief sought, which is the set-aside of the prior submission and the reopening of the case for further proceedings. They may also request specific instructions or directions from the court regarding the reopening and subsequent actions. Types or Variations: While the basic structure and purpose of the Guam Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence remain the same, there may be different categories or scenarios in which this affidavit is applied. Some possible variations may include: 1. Civil Cases: This affidavit can be utilized in civil cases, allowing an attorney to submit newly discovered evidence to challenge a previous decision. 2. Criminal Cases: Attorneys handling criminal cases may file this motion to present newly discovered evidence that could potentially exonerate their client or impact the outcome of the trial. In conclusion, the Guam Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a crucial legal tool that enables attorneys to seek reconsideration of previous submissions and reopen a case based on newly discovered and significant evidence. By presenting a well-documented explanation, strong legal arguments, and citing relevant laws and precedents, the attorney aims to persuade the court to grant the motion and move forward with further proceedings.