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Tennessee Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence

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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 Tennessee 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 Tennessee to request the reopening of a previously closed case based on newly discovered evidence. This affidavit is typically filed by the attorney representing the party seeking to set aside the submission and reopen the case. In Tennessee, there are different types of Affidavits of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence, depending on the specific circumstances of the case. Some possible variations include: 1. Criminal Case: If new evidence comes to light, such as a witness recanting their testimony or the discovery of previously undisclosed evidence that could lead to the defendant's acquittal or a different outcome, the defendant's attorney may file this affidavit to request the reopening of the case. 2. Civil Case: In civil cases, if new evidence is discovered that could significantly impact the outcome of the case, an attorney representing one of the parties might file this affidavit to seek the reopening of the case and present the new evidence in support of their client's position. 3. Family Law Case: In matters relating to family law, such as divorce or child custody disputes, if newly discovered evidence emerges that can affect the court's prior decision, an attorney can file this affidavit to request the reopening of the case for consideration of the new evidence. 4. Probate Case: In probate proceedings, if evidence is discovered post-submission that challenges or questions the validity of a will or trust, an attorney may file this affidavit to bring the matter back before the court for reevaluation. The Tennessee Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence serves as a formal and detailed request to the court, providing a comprehensive explanation of the newly discovered evidence and the legal grounds for reopening the case. It is crucial to hire an experienced attorney familiar with Tennessee's specific court procedures and rules to properly draft and file this affidavit, ensuring that all necessary information and supporting documents are included.

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FAQ

The most common types of post-conviction relief motions are: Motion for New Trial. Motion to Vacate Judgment. Motion to Set Aside Judgment.

On its own initiative or on motion of a defendant, the court may grant a new trial as required by law. If trial was by the court without a jury, the court on motion of a defendant for new trial may vacate the judgment if entered, take additional testimony, and direct the entry of a new judgment.

conviction petition is a request to overturn a conviction or sentence based on constitutional violations. The local district attorney general handles postconviction petitions in the trial courts. If postconviction relief is denied, a defendant may appeal to the Court of Criminal Appeals.

Conviction orders issued by the Court of Session or Additional Court of Session are appealable to the High Court. If the Court of Session or the Additional Court of Session imposes a sentence of more than seven years in prison, the defendant may appeal the decision to the High Court.

Before sentence is imposed, the court may grant a motion to withdraw a guilty plea for any fair and just reason.

In Tennessee, there are three federal district courts, a state supreme court, a state court of appeals, a state court of criminal appeals, and trial courts of general and limited.

If your order of protection was filed in Circuit or Chancery court, then you have to file your appeal to the Tennessee Court of Appeals. You need to file a document with the Circuit or Chancery court that says you want to appeal your case.

How long do I have to appeal a case to the Court of Appeals? 30 days from the date of the Order of Judgment.

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A petitioner whose motion to reopen is denied shall have thirty (30) days to seek permission to appeal by filing an application, accompanied by the order ... (b) The motion must set out the factual basis underlying its claims and must be supported by affidavit. The factual information set out in the affidavit shall ...When a motion for a new trial is based on affidavits, they must be filed with the motion. ... newly discovered evidence as a ground for a motion for new trial. Your Case No. MOTION & AFFIDAVIT TO SET ASIDE JUDGMENT OR ORDER. 1. I, , request that the court set aside the. (enter your full ... If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or ... Feb 10, 2022 — The burden shall be on counsel filing the motion to initiate the conference upon giving reasonable notice of the time, place and specific nature ... Mar 23, 2023 — remain, the Commissioner shall file a supplemental transcript, the case shall be reopened ... only upon written motion with a supporting affidavit ... Aug 14, 2012 — IV 1986), applies retroactively to a spousal second-preference petition which was pending adjudication when the Immigration Marriage Fraud. Dec 1, 2013 — After the Board affirmed on the merits, respondent filed a motion to reopen on the grounds of ineffective assistance of counsel. Respondent's. by SR Gross · 2020 · Cited by 23 — In general, we classify a case as an “exoneration” if a person who was convicted of a crime is officially and completely cleared based on new ...

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Tennessee Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence