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Indiana Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence

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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.

The Indiana 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 Indiana courts to request the reopening of a case based on newly discovered evidence. This affidavit is filed by the attorney representing one of the parties involved in the case, and it provides a detailed explanation of the grounds for setting aside the previous submission and reopening the case. Keywords: Indiana Affidavit of Attorney, Motion to Set Aside Submission, Reopen Case, Newly Discovered Evidence. There may be different types of Indiana Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence, depending on the specific circumstances of the case. Some possible variations could include: 1. Criminal Case Variation: In criminal cases, the affidavit might focus on newly discovered evidence that could exonerate the defendant or cast doubt on their conviction. This could include evidence such as witness testimony, forensic analysis, or newly uncovered information. 2. Civil Case Variation: In civil cases, the affidavit may revolve around newly discovered evidence that can significantly impact the outcome of the case. This evidence could include documents, expert opinions, or witness statements that were not previously available. 3. Family Law Case Variation: In family law cases, the affidavit might pertain to newly discovered evidence regarding child custody, support payments, or any other crucial factor that could impact the court's decision. 4. Personal Injury Case Variation: In personal injury cases, the affidavit might center around newly found evidence that supports the injured party's claim, such as medical records, expert testimonies, or surveillance footage. Regardless of the case type, the Indiana Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence should include specific information, such as: a. Case information: Provide the details of the original case, including the case number, parties involved, and the court where the case was decided. b. Grounds for reopening: Clearly state the newly discovered evidence that warrants reopening the case. Explain why this evidence is significant and how it relates to the issues addressed in the initial submission. c. Explanation of the evidence: Present a comprehensive analysis of the newly discovered evidence, providing supporting documentation, witness statements, or expert opinions. d. Legal basis: Cite relevant Indiana laws and rules of procedure that support the request to set aside the submission and reopen the case based on the newly discovered evidence. e. Conclusion and relief sought: Summarize the main points of the affidavit and clearly state the relief being sought, such as a new trial, modification of a previous judgment, or dismissal of the case altogether. Remember, it is essential to consult with an attorney or legal expert knowledgeable in Indiana law when drafting an Indiana Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence, as the specific requirements and procedures may vary depending on the jurisdiction and the type of case.

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After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment.

After-discovered evidence, or newly discovered evidence, is evidence which existed at the time of the original trial but was only discovered after the conclusion of the trial. After-discovered evidence is an issue predominantly in criminal proceedings and may be used as the basis for a motion for a new trial.

Rule 35(b) of the Federal Rules of Criminal Procedure allows a federal prosecutor to ask the sentencing court to reduce the incarcerated individuals previously-imposed sentence. Simply stated, a Rule 35 motion is essentially a plea for leniency.

Penal Code section 1181 governs motions for a new trial based on newly discovered evidence.

Rule 59 - Motion to correct error (A) Motion to correct error - When mandatory. A Motion to Correct Error is not a prerequisite for appeal, except when a party seeks to address: (1) Newly discovered material evidence, including alleged jury misconduct, capable of production within thirty (30) days of final judgment.

Motion for a New Trial ? The court can vacate the judgment and allow for a new trial. This is rarely granted, but may be done ?if the interest of justice so requires.? Motion for Judgment of Acquittal ? Court may set aside the jury's verdict and allow the defendant to go free.

(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.

Rule 64(a) reads as follows: At the commencement of and throughout an action, every remedy is available that, under the law of the state where the court is located, provides for seizing a person or property to secure satisfaction of the potential judgment. But a federal statute governs to the extent it applies.

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The person seeking such service, or his attorney, shall submit his request therefor upon the praecipe for summons along with supporting affidavits that diligent ... This manual has been prepared to provide you with general knowledge of the operation of Small Claims Courts in Circuit and Superior Courts. It does not.When a motion for a new trial is based on affidavits, they must be filed with the motion. ... newly discovered evidence as a ground for a motion for new trial. Feb 25, 2022 — A party filing any discovery motion must file a separate certification that the party has conferred in good faith or attempted to confer with. May 9, 2022 — (1) When a motion to correct error is based upon evidence outside the record, the motion shall be supported by affidavits showing the truth of ... The petitioner asked that the judgment of conviction be set aside, and the facts be presented to another jury for trial. The petitioner, appellant here, offered ... May 9, 2022 — Mother argues that this was error because motions based on newly discovered evidence are also based on evidence outside the record within the ... If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or ... File Proof: Fill out and file a Certificate of Service that states when, where, and how you served the documents. File this several days before the hearing ... Your Case No. MOTION & AFFIDAVIT TO SET ASIDE JUDGMENT OR ORDER. 1. I, , request that the court set aside the. (enter your full ...

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Indiana Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence