Kentucky 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 Kentucky Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a legal document that allows an attorney to provide sworn testimony and support a motion to set aside a previous submission and reopen a case. This affidavit can be used in various situations where new evidence has been discovered, which could potentially alter the outcome of a case. Keywords: Kentucky, Affidavit of Attorney, Motion to Set Aside Submission, Reopen Case, Newly Discovered Evidence, legal document, sworn testimony, support, situations. Different types of Kentucky Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence may include: 1. Criminal Cases: In criminal cases, an attorney may file this affidavit to present new evidence that could potentially exonerate the defendant or cast doubt on their guilt. The attorney would provide detailed information about the newly discovered evidence and how it would impact the case. 2. Civil Cases: In civil cases, the affidavit can be utilized when new evidence arises that could significantly affect the outcome of the case. This could include evidence that was previously unknown or unavailable during the original proceedings, which may lead to a new trial or the reopening of the case. 3. Family Law Cases: Family law cases, such as divorce or child custody disputes, may also involve affidavits to set aside previous submissions and reopen the case based on newly discovered evidence. Legal professionals may use this document to present evidence that impacts the division of assets, child support, or visitation rights. 4. Appellate Cases: Attorneys may use this affidavit when seeking to appeal a decision based on newly discovered evidence that was not known or available during the original trial. The attorney would need to demonstrate to the appellate court how this evidence would have had a significant impact on the outcome of the case. 5. Employment Cases: In employment-related disputes, an attorney could file an affidavit to set aside a previous submission and reopen the case if new evidence emerges that could support the employee's claims of discrimination, harassment, or wrongful termination. This affidavit would outline the nature of the newly discovered evidence and its potential impact on the case. The Kentucky 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 allows attorneys to present compelling arguments for the reconsideration of a case based on new evidence. It provides a structured format for attorneys to present their testimony and support their motion, ultimately allowing for a fairer resolution of legal disputes.

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FAQ

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

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.

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.

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.

Ingly the amendment of Rule 59(b) eliminates the ?except? clause and its specific treatment of newly discovered evidence as a ground for a motion for new trial. This ground remains, however, as a basis for a motion for new trial served not later than 10 days after the entry of judgment. See also Rule 60(b).

Under Rule 59(e), the district court may alter or amend a judgment if the moving party presents newly discovered evidence, or establishes that the court committed clear error or made an initial decision that was manifestly unjust, or that there has been an intervening change in controlling law.

The Federal Rules of Evidence are a set of rules that governs the introduction of evidence at civil and criminal trials in United States federal trial courts. The current rules were initially passed by Congress in 1975, after several years of drafting by the Supreme Court.

P. 59.05. A motion to alter or amend a judgment, or to vacate a judgment and enter a new one, shall be served not later than 10 days after entry of the final judgment.

On motion a court may, upon such terms as are just, relieve a party or his legal representative from its final judgment, order, or proceeding upon the following grounds: (a) mistake, inadvertence, surprise or excusable neglect; (b) newly discovered evidence which by due diligence could not have been discovered in time ...

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.

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Oct 7, 2014 — Trial court denial of defendant's motion for a new trial based on newly discovered evidence, which argued that the recent discrediting of ... 5. An affidavit certifying that a previous motion to reopen has not been made by the ... The motion or supporting affidavits shall set forth: (a). The efforts to ...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. You should discuss your evidence in your memorandum of points and authorities, attach it to your motion, file it with the court, and serve it to the other side. Your Case No. MOTION & AFFIDAVIT TO SET ASIDE JUDGMENT OR ORDER. 1. I, , request that the court set aside the. (enter your full ... A court that hears civil cases involving family issues, such as divorce, custody, parental rights, child support and adoption. Filing. Giving the circuit court ... (i) Serve a copy of the final verified disclosure statement and any supporting documentation, or the affidavit in (b) above, on the opposing party 21 days prior ... 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. Mar 24, 2020 — — A motion to reopen must be supported by evidence. See ... file a written motion with the Board of Immigration Appeals to set aside a default. Ask the Court to allow you to re-open your civil court case after you already had a default judgment entered against you. 1) What is a default judgment?

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