This form is a generic sample of a motion to reopen a case based on newly discovered evidence.
Oregon 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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How to fill out Motion To Set Aside Submission And Reopen Case?
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FAQ
Order 9 Rule 13 states that while setting aside ex-parte decree, the defendant may apply to the Court by which the decree was passed for an order to set it aside and if the Court is satisfied that the summons were not duly served, or that he was prevented by any sufficient means from appearing when the suit was called ...
ORCP 69 requires the court or clerk to enter an order of default on a showing by affidavit or declaration that a party against whom a judgment is sought has been served with Summons or is otherwise subject to the jurisdiction of the Court and has failed to plead or otherwise defend within the time set by law.
Provided further that no Court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summons, if it is satisfied that the defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiffs claim.
ORCP 71B(1) allows the court to relieve a party from a judgment or order for mistake, inadvertence, surprise or excusable neglect; fraud, misrepresentation, or other misconduct of an adverse party when accompanied by a pleading containing an assertion of a defense.
Order 9, Rule 13 prescribes two grounds for setting aside an ex-parte decree. That the summons was not duly served, or. That the defendant was prevented by sufficient cause from appearing when the case was called on for hearing.
A Motion to Set Aside a Conviction, if granted by the court, sets aside the record of conviction and the applicant is deemed not to have been previously convicted. The court orders the record of the conviction, and any other official records in the case, to be sealed.