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.
Rhode Island Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody - With Instructions
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How to fill out Motion To Vacate, Set Aside, Or Correct Sentence By A Person In Federal Custody - With Instructions?
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New York criminal procedure allows a defendant who has been convicted of a crime to request the trial court to set aside the verdict against him or her after conviction but before sentencing. This request is made by filing a motion governed by Criminal Procedure Law 330.30 and 330.40.
Once the jury has rendered its verdict, the parties must immediately consider post- trial motions. Post-trial motions are governed by CPLR Article 44. After a jury verdict, a court can set aside the verdict and either: (1) direct entry of judgment in favor of any party as a matter of law; or (2) order a new trial.
To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.
A motion for directed verdict is a motion by a party asking the trial judge to issue a ruling after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion.
"The law is settled that a Court has an inherent jurisdiction to set aside its own judgment or order obtained by means of misrepresentation and concealment of facts in the nature of fraud, or where the Court is devoid of jurisdiction.