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New Jersey Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence

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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.

A New Jersey 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 New Jersey to request the reopening of a case based on newly discovered evidence that was not available or known during the initial proceedings. This affidavit serves to support a motion filed by the attorney representing a party in the case. The primary purpose of this affidavit is to present compelling evidence or information that was previously unknown, which could potentially impact the outcome of the case or warrant a new trial. It is crucial for the attorney to provide a detailed and comprehensive account of the newly discovered evidence, its relevance, and its potential impact on the case. Keywords: New Jersey, affidavit, attorney, motion, set aside submission, reopen case, newly discovered evidence. Different types of New Jersey Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence may include: 1. Affidavit of Attorney: Motions to set aside submission and reopen a case can be supported by an attorney's written testimony detailing the newly discovered evidence. This type of affidavit will outline the attorney's expertise, knowledge of the case, and their understanding of the significance of the newly discovered evidence. 2. Affidavit of Witness: In certain cases, there may be witnesses who can provide vital information that was not previously known. An affidavit from a witness can corroborate the existence and relevance of newly discovered evidence, supporting the motion to reopen the case. 3. Affidavit of Expert: If the newly discovered evidence requires specialized knowledge or expertise to understand its significance, an affidavit from an expert in the respective field can be included. This type of affidavit helps establish the credibility and validity of the evidence before the court. 4. Affidavit of Investigation: In some instances, an attorney may conduct an investigation to uncover new evidence that could have a significant impact on the case. An affidavit describing the investigative process, the evidence found, and its potential significance can be provided to support the motion to reopen the case. Regardless of the specific type, each New Jersey Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence aims to provide a comprehensive and persuasive argument to the court, demonstrating the need for reopening the case based on the newly uncovered information.

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Penal Code section 1181 governs motions for a new trial based on newly discovered evidence.

When any document or paper is referred to in a pleading but is neither annexed thereto nor recited verbatim therein, a copy thereof shall be served on the adverse party within 5 days after service of his written demand therefor.

Rule 64(a) reads as follows: At the commencement of and throughout an action, every remedy is available that, under the law of the state where the court is located, provides for seizing a person or property to secure satisfaction of the potential judgment. But a federal statute governs to the extent it applies.

A motion for summary judgment may be denied without prejudice for failure to file the required statement of material facts. (b) Requirements in Opposition to Motion. A party opposing the motion shall file a responding statement either admitting or disputing each of the facts in the movant's statement.

Motion for a New Trial ? The court can vacate the judgment and allow for a new trial. This is rarely granted, but may be done ?if the interest of justice so requires.? Motion for Judgment of Acquittal ? Court may set aside the jury's verdict and allow the defendant to go free.

After-discovered evidence, or newly discovered evidence, is evidence which existed at the time of the original trial but was only discovered after the conclusion of the trial. After-discovered evidence is an issue predominantly in criminal proceedings and may be used as the basis for a motion for a new trial.

After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment.

Rule 35(b) of the Federal Rules of Criminal Procedure allows a federal prosecutor to ask the sentencing court to reduce the incarcerated individuals previously-imposed sentence. Simply stated, a Rule 35 motion is essentially a plea for leniency.

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New Jersey Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence