Virginia Motion to Set Aside Submission and Reopen Case

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Multi-State
Control #:
US-02764BG
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Word; 
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This form is a generic sample of a motion to reopen a case based on newly discovered evidence.

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FAQ

When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate. The phrase is often used in the context of appeals, when an appellate court invalidates the judgment of a lower court.

YOU OR THAT INDIVIDUAL HAS THE RIGHT TO FILE A MOTION TO QUASH (OBJECT TO) THE ATTACHED SUBPOENA. IF YOU ELECT TO FILE A MOTION TO QUASH, YOU MUST FILE THE MOTION WITHIN 15 DAYS OF THE DATE OF THIS SUBPOENA.

Motion to Vacate in Virginia In criminal cases, a motion to vacate is typically used to challenge a conviction or sentence based on new evidence, a constitutional violation, or ineffective assistance of counsel.

If convicted by the General District Court, you have the right to file a motion to reopen your case within 60 calendar days after your trial date. You must file your motion in person, or in writing if you live more than 50 miles from the court. Motions to reopen will be granted only upon a showing of good cause.

A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.

Rule . ? All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.

Upon motion of the plaintiff or judgment debtor and after reasonable notice to the opposite party, his attorney of record or other agent, the court may set aside a judgment by default or a decree pro confesso upon the following grounds: (i) fraud on the court, (ii) a void judgment, (iii) on proof of an and ...

Clerical mistakes. Clerical mistakes in all judgments or other parts of the record and errors therein arising from oversight or from an inadvertent omission may be corrected by the court at any time on its own initiative or upon the motion of any party and after such notice, as the court may order.

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Virginia Motion to Set Aside Submission and Reopen Case