This form is a generic sample of a motion to reopen a case based on newly discovered evidence.
A South Carolina Motion to Set Aside Submission and Reopen Case is a legal document used to request the court to overturn a previous ruling or decision and allow the case to be reopened. This motion is typically filed when new evidence or information has come to light, which was not available during the original proceedings, or if there were errors or mistakes made during the trial. This motion can be filed in various types of cases, including civil, criminal, and family law matters. It provides an opportunity for a party to present new evidence or arguments that could potentially impact the outcome of the case. The motion aims to ensure that justice is served and that all parties have a fair chance to present their case. In South Carolina, there are different types of Motion to Set Aside Submission and Reopen Case, depending on the specific circumstances of the case. Some common types include: 1. Motion to Set Aside Submission and Reopen Case for Newly Discovered Evidence: This motion is filed when new evidence, which was not previously available or known to the party, has emerged and could potentially affect the outcome of the case. The evidence must be material to the case and could not have been discovered or presented during the original proceedings. 2. Motion to Set Aside Submission and Reopen Case for Fraud, Misrepresentation, or Mistake: This motion is filed when there is evidence of fraud, misrepresentation, or mistake that significantly impacted the outcome of the case. It alleges that the court, opposing party, or even the party filing the motion was misled or deceived in some way, leading to an unjust ruling. 3. Motion to Set Aside Submission and Reopen Case for Violation of Constitutional Rights: This motion is filed when a party alleges that their constitutional rights, such as the right to due process or the right to a fair trial, were violated during the original proceedings. It seeks to rectify any injustices caused by these violations and reopen the case for further review. It is important to note that filing a Motion to Set Aside Submission and Reopen Case in South Carolina requires proper legal knowledge and understanding of the specific rules and procedures of the court. Consulting with an experienced attorney is highly recommended ensuring that the motion is filed correctly and has the best chance of success.
