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 Michigan Affidavit of Attorney in Support of a Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a legal document utilized in the state of Michigan to seek the reopening of a case due to the discovery of new evidence that could significantly affect the outcome. When a party to a case, either the plaintiff or the defendant, becomes aware of previously unknown evidence that could potentially alter the final judgment, they can file a motion to set aside the initial submission and reopen the case. The purpose of this motion is to allow for a fair and just resolution based on the newly discovered evidence. The Michigan Affidavit of Attorney in Support of this motion is typically prepared and filed by the attorney representing the party seeking to reopen the case. It serves as a declaration, under oath, where the attorney provides a detailed account of the newly discovered evidence, the reasons why it was not available at the time of the original submission, and the potential impact it may have on the case. The content included in the affidavit should be concise and factual, following the specific requirements set by Michigan law. Attention to relevant keywords and phrases is crucial to ensure the document's effectiveness and adherence to legal standards. Some important keywords that could be included are: 1. Michigan's law: The affidavit must demonstrate a clear understanding of the applicable laws and legal procedures specific to the state of Michigan. This would show the attorney's credibility and knowledge of the legal framework. 2. Motion to set aside submission: This refers to the motion that requests the court to reconsider the original judgment or decision based on the newly discovered evidence. The attorney needs to explain the legal basis for this motion and outline the positive impact of the newly discovered evidence on the case. 3. Newly discovered evidence: The affidavit should provide a comprehensive description of the evidence that was not available at the time of the original submission. The attorney needs to explain how this evidence has been discovered, its relevance to the case, and why it wasn't presented earlier. 4. Materiality and credibility: The attorney must establish why the newly discovered evidence is material to the case, meaning that it could have a significant impact on the outcome. Additionally, the credibility of the evidence should be established, ensuring that it is reliable, admissible, and can withstand scrutiny. 5. Due diligence: The affidavit should outline the efforts made by the attorney or their legal team to diligently search for and locate this new evidence. It is important to demonstrate that reasonable steps were taken to discover the evidence earlier. It's important to note that the types of Michigan Affidavit of Attorney in Support of a Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence may vary depending on the specific legal context or case type. However, common variations may include affidavits for criminal cases, civil cases, family law cases, or other areas of law where new evidence may significantly impact the outcome. Overall, the Michigan Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence plays a crucial role in presenting and substantiating the request to reopen the case. The affidavit should be meticulously prepared, align with Michigan legal requirements, and provide compelling arguments and evidence demonstrating why reopening the case is necessary for a just resolution.
