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.
The South Carolina Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a legal document used in the state of South Carolina when an attorney seeks to have a previous submission set aside and the case reopened based on the discovery of new evidence. This affidavit serves as a support document that outlines the attorney's reasoning for requesting the set aside and reopening of the case. It is crucial for the attorney to provide a detailed description of the newly discovered evidence and how it relates to the case. The affidavit must be convincing and demonstrate that the new evidence is substantial, credible, and could potentially change the outcome of the case. In South Carolina, there may be different types of affidavits depending on the specific circumstances. These could include: 1. Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case — This is the general affidavit used when an attorney wants to present newly discovered evidence in support of a motion to set aside a submission and reopen the case. 2. Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Forensic Evidence — This affidavit is specific to cases where the newly discovered evidence is of a forensic nature. For example, if there has been a technological advancement in forensic science that could potentially exonerate the defendant. 3. Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Witness Testimony — This affidavit is used when the newly discovered evidence includes additional witness testimony that was previously unknown or unavailable during the original proceedings. 4. Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Document or Expert Evidence — This affidavit focuses on situations where the newly discovered evidence consists of crucial documents or expert opinions that were not previously brought to light. In summary, the South Carolina Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a vital tool for attorneys seeking to reopen previously closed cases. By providing a detailed description of the new evidence and its relevance, attorneys can present a compelling argument for the court to consider reopening the case for further examination and potential revision of the prior judgment.
