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Idaho Order on Motion to Set Aside Dismissal with Prejudice

State:
Idaho
Control #:
ID-038-SC
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Description

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Order on Motion to Set Aside Dismissal with Prejudice, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. ID-038-SC

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FAQ

Set aside. v. to annul or negate a court order or judgment by another court order. Example: a court dismisses a complaint believing the case had been settled. Upon being informed by a lawyer's motion that the lawsuit was not settled, the judge will issue an order to "set aside" the original dismissal.

If you do not owe the money, you can ask the court to cancel the county court judgment ( CCJ ) or high court judgment. This is known as getting the judgment 'set aside'. You can do this if you did not receive, or did not respond to, the original claim from the court saying you owed the money.

When a court sets aside a conviction it dismisses the conviction, the penalties are dismissed and disabilities are vacated. The record of the prior conviction remains but the court record will also note that the conviction has been set aside.

A set aside hearing would normally consider whether the defendant has an 'arguable' defence rather than making a final decision on whether the defence is correct or not. If the court agrees there's an arguable defence, they'll set aside the judgment and allow you to file a defence.

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Idaho Order on Motion to Set Aside Dismissal with Prejudice