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 Louisiana Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a legal document specifically used in Louisiana courts to request the reopening of a case based on the emergence of new evidence. This affidavit is typically prepared and submitted by an attorney representing the party seeking to reopen the case. Keywords: Louisiana Affidavit of Attorney, Motion to Set Aside Submission, Reopen Case, Newly Discovered Evidence. In Louisiana, the legal system recognizes the importance of fairness and justice. If new evidence comes to light that could significantly impact a case, the court allows parties to present this evidence through a Motion to Set Aside Submission and Reopen Case. This motion must be filed along with a supporting affidavit from the attorney representing the concerned party. The purpose of the Louisiana Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is to provide a detailed explanation of the newly discovered evidence and its significance. The attorney must demonstrate that this evidence was not available or known to them during the original proceedings, and it has a strong likelihood of affecting the outcome of the case. There are different types of Louisiana Affidavits of Attorney in support of this motion, depending on the specific circumstances and nature of the evidence newly discovered. They include: 1. Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Physical Evidence: This type of affidavit is used when tangible evidence, such as documents, photographs, or objects, is discovered that could have a substantial impact on the case's outcome. 2. Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Witness Testimony: If new witnesses have emerged or existing witnesses have revealed new information that was previously unknown, this type of affidavit is filed. The attorney must outline the crucial details of the witness testimony and its potential impact on the case. 3. Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Expert Opinion: In some instances, newly obtained expert opinions, such as forensic reports or scientific analyses, may be crucial in reopening a case. This affidavit addresses the qualifications of the expert, the methodology used, and the impact the expert opinion may have on the case. Regardless of the specific type, the Louisiana Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence should include relevant details such as the case name and number, the nature of the new evidence, a timeline explaining its discovery, and an argument for how this evidence would likely change the court's original decision. It is crucial for the attorney to consult the Louisiana Code of Civil Procedure and any applicable case law to ensure the affidavit adheres to the state's legal requirements and addresses any specific criteria set by the court. By presenting a persuasive and well-founded affidavit, the attorney maximizes the chances of successfully reopening the case based on newly discovered evidence.
