This form is a generic sample of a motion to reopen a case based on newly discovered evidence.
Title: Understanding the Washington Motion to Set Aside Submission and Reopen Case Introduction: The Washington Motion to Set Aside Submission and Reopen Case is a powerful legal tool that allows a party to request the court to set aside a previous submission or decision and reopen a case for further proceedings. This motion aims to rectify errors, present new evidence, or address unmet legal requirements that may have influenced the prior ruling. In Washington state, there are different types of motions that fall under this category, each serving a distinct purpose in the legal process. I. Washington Motion to Set Aside Submission: The Washington Motion to Set Aside Submission allows a party to challenge a previous submission made in the case. This motion seeks to either withdraw or retract a prior motion or document filed with the court. By doing so, the moving asserts that the submission was a mistake, incorrect, or filed without sufficient thought or consideration. The court will consider the reasons provided by the moving and will determine whether setting aside the submission is warranted. II. Washington Motion to Reopen Case: The Washington Motion to Reopen Case is utilized when a party wishes to reopen a case that has been previously closed or decided upon. This motion is often filed when new evidence or information has come to light, the previous ruling contains errors, or when the interests of justice require further proceedings. In order to succeed, the moving party must demonstrate the existence of substantial grounds justifying the reopening of the case. III. Types of Washington Motions to Set Aside Submission and Reopen Case: 1. Motion to Set Aside Submission Due to Mistake: This motion is filed when a party realizes that a previous submission was made in error, such as submitting incorrect information or presenting incorrect legal arguments. By filing this motion, the party seeks to rectify the mistake made in the submission and potentially present a revised version. 2. Motion to Set Aside Submission Due to Newly Discovered Evidence: This motion is filed when newly discovered evidence, which was previously unavailable or unknown, has now emerged and has the potential to significantly impact the outcome of the case. The moving must demonstrate that the evidence could not have been discovered earlier through reasonable diligence. 3. Motion to Set Aside Submission Due to Fraud, Misrepresentation, or Duress: This motion is used when a party believes that the opposing party engaged in fraudulent activities, made material misrepresentations, or unduly coerced the court or moving to enter into or accept a particular submission. The motion aims to bring these misconducts to the court's attention and seek the reversal or reconsideration of the prior submission. Conclusion: The Washington Motion to Set Aside Submission and Reopen Case provides an opportunity for parties to correct errors, introduce new evidence, or address procedural defects, ensuring fairness and justice in the legal system. By understanding the different types of motions falling under this category, litigants can navigate the process effectively and maximize their chances of achieving their desired outcome.
