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 Minnesota 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 the state of Minnesota. This affidavit is filed by an attorney on behalf of a party seeking to set aside a previous submission and reopen a case based on newly discovered evidence. The purpose of this affidavit is to present a detailed explanation to the court of the reasons why the previous submission should be set aside and the case should be reopened. The attorney must provide strong, compelling evidence that justifies this action and demonstrates that the newly discovered evidence is substantial and relevant to the case. There may be different types of Minnesota Affidavits 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 and the grounds for seeking such action. However, regardless of the type, the attorney's affidavit should include the following key elements: 1. Case Information: The affidavit should provide detailed information about the case, including the names of the parties involved, the court where the case was heard, the case number, and the date of the previous submission. 2. Newly Discovered Evidence: The attorney must clearly outline the nature of the newly discovered evidence and explain its significance to the case. It should be emphasized that this evidence was not available at the time of the previous submission and has now come to light. 3. Explanation of Grounds: The affidavit should present a thorough explanation of the legal grounds on which the submission is being set aside and the case reopened. This may include citing relevant statutes, rules, or case law that support this request. 4. Supporting Testimony or Documentation: The attorney should attach supporting documents or affidavits from witnesses or experts, if applicable, to strengthen the arguments made in the affidavit. These should directly relate to the newly discovered evidence and its impact on the case. 5. Legal Analysis: The attorney should provide a legal analysis of why setting aside the submission and reopening the case is in the best interest of justice. This may involve discussing any potential prejudice that may have occurred due to the lack of this evidence and how admitting it now would affect the outcome. In conclusion, the Minnesota Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a crucial legal document that seeks to present compelling arguments and evidence to justify reopening a case. By following the proper format and providing relevant information, the attorney can effectively advocate for their client's rights and ensure a fair judicial process.
