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

Category:
Affidavits - Attorneys
State:
Multi-State
Control #:
US-02766BG
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Word; 
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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 York Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a legal document filed by an attorney on behalf of a client seeking to present newly discovered evidence in a case that has already been submitted or closed. This affidavit is used to request the court to set aside the previous submission or the final decision and allow the case to be reopened for further proceedings. Keywords: New York, affidavit, attorney, motion to set aside submission, reopen case, newly discovered evidence. Types of New York Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence: 1. Criminal Case Affidavit: This type of affidavit is filed in criminal cases where new evidence, which may have a significant impact on the verdict, is discovered after the submission or closing of the case. The attorney presents the newly discovered evidence to support the motion to set aside the submission and reopen the case for further review. 2. Civil Case Affidavit: In civil cases, an affidavit of attorney may be filed when new evidence relevant to the case is discovered after the submission or final decision. This affidavit is used to request the court to set aside the previous submission and reopen the case to consider the newly discovered evidence, which may affect the outcome. 3. Family Law Affidavit: When new evidence arises in family law cases, such as divorce or child custody disputes, after the case has been submitted, an attorney may file an affidavit of attorney to support a motion to set aside the submission and reopen the case. This enables the presentation of the newly discovered evidence, which could impact the court's previous decision. 4. Appeals Affidavit: Sometimes, an attorney may file an affidavit in support of a motion to set aside submission and reopen the case at the appellate level. This is done when new evidence surfaces after an initial appeal has been submitted, necessitating the reopening of the case for further consideration. It is important to consult with an experienced attorney to determine the specific requirements and procedures for filing an Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence in New York.

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How to fill out New York Affidavit Of Attorney In Support Of Motion To Set Aside Submission And Reopen Case Based On Newly Discovered Evidence?

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FAQ

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 noticed motion is a court-compatible document usually served (noticed) on the affected parties, and then entered and stamped by a court clerk.

A motion to reopen is based on documentary evidence of new facts. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision. The regulations for motions to reopen and motions to reconsider are located at 8 C.F.R. § 103.5.

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.

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

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.

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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The moving party must submit with the notice of motion an affidavit, a written statement made under ... The CPLR sets forth deadlines for the service of papers on ... 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 ...A. Supporting Documentation. A motion to reopen must be supported by affidavits, the new evidentiary material sought to be introduced, and, if necessary, a ... Apr 25, 2022 — This practice advisory provides a basic overview of motions to reopen removal orders issued by the Executive Office for Immigration Review ... A motion is a request for relief from the court. Some typical examples include a motion for permission to file a late claim, a motion that a claim or a ... Dec 1, 2013 — After the Board affirmed on the merits, respondent filed a motion to reopen on the grounds of ineffective assistance of counsel. Respondent's. Jul 1, 2023 — ... motions based on absence of evidence must be supported by affidavit of the party, the party's agent or attorney, and must show the following: a. Dec 13, 2013 — A default is not a judgment. It is an order of the court the effect of which is to preclude the defendant from making any further defense in the. If a notice of appeal has been filed prior to the expiration of the 21-day period prescribed by Rule 1:1, the circuit court retains plenary, concurrent ... The affidavits for a new trial on the ground of newly discovered evidence must show the efforts made by the applicant to locate the additional witnesses ...

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