This form is a generic sample of a motion to reopen a case based on newly discovered evidence.
A "Motion to Set Aside Submission and Reopen Case" in Oklahoma refers to a legal request made by a party in a court case to withdraw a previous submission or decision and reopen the case. This motion is typically filed when new evidence or information comes to light that could significantly impact the outcome of the case or when there have been procedural errors or misconduct during the proceedings. In Oklahoma, there are different types or grounds for filing a Motion to Set Aside Submission and Reopen Case. Here are a few examples: 1. Newly Discovered Evidence: If new evidence is discovered that was not known or available at the time of the original submission and could have a substantial impact on the case, a party may file a motion to set aside the submission and reopen the case. This evidence must be material, admissible, and could not have been reasonably discovered earlier through due diligence. 2. Fraud, Misrepresentation, or Duress: If a party can prove that there was fraud, misrepresentation, or duress involved in the prior submission or decision of the court, they may file a motion to set aside the submission and reopen the case. This could include situations where one party intentionally withheld or falsified information, leading to an unfair outcome. 3. Excusable Neglect or Mistake: In some cases, a party may have failed to meet a deadline or fulfill a requirement due to a genuine mistake or excusable neglect. If the party can show that the mistake or neglect was significant and not intentional, they may seek to set aside the submission and reopen the case. 4. Violation of Due Process or Procedural Errors: If violations of due process occur or significant procedural errors are committed during the course of the proceedings, a party may file a Motion to Set Aside Submission and Reopen Case. This could include instances where a party was denied the opportunity to present their case adequately or when the court failed to follow prescribed rules or procedures. It is important to note that each case is unique, and the specific grounds for filing a Motion to Set Aside Submission and Reopen Case may vary depending on the circumstances. Furthermore, it is advisable to consult with an experienced attorney who can provide personalized legal advice and guidance based on the specific details of your case.
