Maryland Motion to Set Aside Submission and Reopen Case

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Multi-State
Control #:
US-02764BG
Format:
Word; 
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This form is a generic sample of a motion to reopen a case based on newly discovered evidence.

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FAQ

You can file a motion to revise or vacate (cancel) the judgment in writing within 30 days after the date of the judgment. This motion is usually filed to correct clerical errors, or to vacate a judgment if you believe that you were not served with the court papers or were not notified of the court date.

A motion to alter or amend a judgment may be joined with a motion for new trial. A motion to alter or amend a judgment filed after the announcement or signing by the trial court of a judgment but before entry of the judgment on the docket shall be treated as filed on the same day as, but after, the entry on the docket.

The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental ...

Subject to subsection (a)(2) of this Rule, any party may file a motion for new trial within ten days after entry of judgment. A party whose judgment has been amended on a motion to amend the judgment may file a motion for new trial within ten days after entry of the amended judgment.

Rule 3-535. REVISORY POWER (a) Generally On motion of any party filed within 30 days after entry of judgment, the court may exercise revisory power and control over the judgment and may take any action that it could have taken under Rule 3-534.

Subject to subsection (a)(2) of this Rule, any party may file a motion for new trial within ten days after entry of judgment. A party whose judgment has been amended on a motion to amend the judgment may file a motion for new trial within ten days after entry of the amended judgment.

A Motion to Vacate is a written request, filed with the Clerk's office, asking the court to undo the order of default and allow you to defend the case. In the motion, you must show the judge a good reason to allow your request and vacate the default. You must tell the judge why you did not file your response in time.

(b) Fraud, Mistake, Irregularity. On motion of any party filed at any time, the court may exercise revisory power and control over the judgment in case of fraud, mistake, or irregularity.

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Maryland Motion to Set Aside Submission and Reopen Case