Nevada Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody - With Instructions

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State:
Multi-State
Control #:
US-00742BG
Format:
Word; 
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Description

A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence. The following form is a sample of such a motion.

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  • Preview Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody - With Instructions
  • Preview Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody - With Instructions
  • Preview Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody - With Instructions
  • Preview Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody - With Instructions
  • Preview Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody - With Instructions
  • Preview Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody - With Instructions
  • Preview Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody - With Instructions
  • Preview Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody - With Instructions

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FAQ

Nevada has a simplified probate proceeding for small estates, known as a ?Set Aside.? A Set Aside foregoes many of the formalities of a normal probate proceeding, which makes the process much quicker and simpler. Most Set Aside proceedings can be done 4-6 weeks, as opposed to 6-9 months for a normal probate proceeding.

The Nevada Set Aside is a shortened process that eliminates the need to go through a formal probate procedure. There is no need for the court to appoint a legal personal representative for the estate and you do not need to go through multiple court hearings. The purpose of the Set Aside is to protect families.

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.

A person can ask the court to undo (or "set aside") a default or a final order. This motion usually must be filed within 6 months of when the default or order was entered. There are only a few reasons why a judge might undo a default or an order.

If the two of you cannot reach an agreement, you can file an ?opposition? to the other party's motion. An ?opposition? is a written statement that says why the judge should not give the other party what they asked for, and what you would like instead.

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Nevada Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody - With Instructions