This form is a generic sample of a motion to reopen a case based on newly discovered evidence.
Nebraska Motion to Set Aside Submission and Reopen Case
State:
Multi-State
Control #:
US-02764BG
Format:
Word;
Rich Text
Instant download
Description
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FAQ
Excusable Default Excusable default is the most common reason for vacating a default judgment. It has two parts: (1) a reasonable excuse for not filing an Answer within the 30 day time; and (2) a meritorious defense (a good defense).
When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate. The phrase is often used in the context of appeals, when an appellate court invalidates the judgment of a lower court.
If a default judgment is entered against you, you can file a Motion to Set Aside, Modify or Vacate that judgment (CC ) with the county court instead of filing an appeal. The motion must be filed within 30 days after the entry of judgment.
A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.
If the judge finds that person is in contempt, the judge will sentence that person to a jail sentence; but will allow him/her a chance to be released from jail by following a purge plan. A purge plan gives the person an opportunity to come into compliance with the court order.
To have the default judgment set aside the defendant must show the court that: ????there is a good reason why they did not file a defence within 28 days. they have a bona fide (genuine) defence. they applied to set aside default judgment as soon as they became aware of it.
Mandatory electronic filing, electronic service and electronic notice. (A) Electronic Filing, Service, and Notice is mandatory for all Nebraska attorneys in all Nebraska trial and appellate courts unless specifically exempted pursuant to these rules.