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.
Title: Understanding the South Dakota Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence Introduction: In South Dakota, the Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a vital legal document used in certain situations. This detailed description will shed light on the purpose, contents, and different types of this affidavit, providing a comprehensive understanding of its significance. 1. Definition and Purpose: The South Dakota Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a legal document filed by an attorney in support of a motion to reopen a case. It is used when compelling new evidence is discovered that could significantly impact the outcome of a previous court decision. 2. Contents of the Affidavit: — Introduction: The affidavit typically begins with a brief introduction or caption, identifying the parties involved, the court where the case was tried, and the case number. — Statement of Facts: The affidavit must present a clear and concise description of the newly discovered evidence and its relevance to the previously decided case. This section outlines the information that was not available at the time of the original trial. — Authentication of Evidence: The attorney includes evidence supporting the claim of newly discovered evidence by attaching relevant documents, testimony, expert reports, or any other pertinent evidence to address the legal requirements for reopening the case. — Legal Argument: The affidavit outlines the legal basis supporting the motion to set aside the previous submission and reopen the case, including references to applicable laws, rules, and case precedents. — Conclusion: The affidavit concludes with a request for the court to grant the motion and reopen the case, based on the provided evidence and legal argument. 3. Different Types: While there may not be distinct types of South Dakota Affidavits of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence, they can be specific to different legal areas or cases. Common examples include: — Criminal Cases: These affidavits can be filed to present new evidence that could potentially overturn a previous criminal conviction or sentence. — Civil Litigation: In civil cases, this affidavit may be used to reopen a case based on newly discovered evidence that could impact the judgment or the awarded damages. — Family Law: These affidavits may be necessary to reopen family law matters, such as child custody or support, if new evidence is discovered that could significantly change the outcome. Conclusion: The South Dakota Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a crucial legal document used when substantial new evidence emerges that could have a significant impact on a previously resolved case. Understanding its purpose, contents, and possible variations is essential for attorneys and individuals involved in legal proceedings in South Dakota.
