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

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US-02766BG
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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.

Washington 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 Washington when seeking to reopen a case due to recently discovered evidence that could potentially change the outcome. This affidavit is typically prepared and filed by attorneys representing the party seeking to reopen the case. The document serves as a written statement, under oath, in which the attorney presents a detailed argument outlining the grounds on which the case should be set aside and reopened. Keywords: Washington Affidavit, Attorney, Motion to Set Aside, Reopen Case, Newly Discovered Evidence, Legal Document, State of Washington, Change the Outcome. Different types of Washington Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence may include: 1. Criminal Case Reopening Affidavit: This affidavit can be filed in criminal cases where new evidence has been discovered, such as the emergence of a key witness or the discovery of exculpatory evidence. The attorney will present the reasons why the case should be reopened and how the newly discovered evidence impacts the original verdict or sentence. 2. Civil Case Reopening Affidavit: In civil cases, an attorney can file this affidavit when they uncover new evidence that is material to the outcome of the case. The affidavit will outline why the new evidence was not available during the original proceedings and how it affects the merits or resolution of the case. 3. Family Law Case Reopening Affidavit: This type of affidavit can be filed in family law cases, such as divorce or child custody disputes. If an attorney discovers newly relevant evidence that could significantly impact the final decision, they can file this affidavit to request the reopening of the case. 4. Appellate Case Reopening Affidavit: In some instances, an attorney may discover new evidence that was not available during the appeal process. This affidavit can be filed with the appellate court to request the reopening of the case and present the newly discovered evidence that could potentially change the appellate court's decision. Overall, the Washington 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 in Washington state to present a comprehensive argument for reopening a case based on recently discovered evidence that has the potential to alter the original outcome.

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Rule 60(b) of the Federal Rules of Civil Procedure authorizes a court to relieve a party from a final judgment, order, or proceeding for various reasons, including ?mistake, inadvertence, surprise, or excusable neglect.? Fed.

Penal Code section 1181 governs motions for a new trial based on newly discovered evidence.

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

When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical examination by a physician, or mental examination by a physician or ...

After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment.

If the party has appeared before the motion is filed, the party may respond to the pleading or otherwise defend at any time before the hearing on the motion. If the party has not appeared before the motion is filed the party may not respond to the pleading nor otherwise defend without leave of court.

A participant meets the Rule of 60 if his or her age plus full years of service equal at least 60 and he or she either: (i) is at least age 50 with at least five full years of service; or (ii) is under age 50 with at least 20 full years of service.

What is a Motion to Vacate? It asks a judge to cancel (to vacate) an earlier order or judgment entered by the same court. You file this Motion in the Washington state court where the Order you want vacated was issued. Does a Motion to Vacate make sense for my situation?

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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. When a motion for new trial is based on affidavits, they shall be filed with the motion. The opposing party has 10 days after service to file opposing.The moving party and any party opposing a motion shall include a proposed order with their submission. ... When a case is set, and called for trial, it shall be ... May 20, 2021 — An Affidavit in Support is a sworn statement signed in front of a notary public that tells the court why a motion or order to show cause should ... 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 ... If a notice of appeal has been filed prior to the expiration of the 21-day period prescribed by Rule 1:1, the circuit court retains plenary, concurrent ... ... file a supplemental response to its motion for reconsideration with the Authority. B. Motion To Reopen Case Based Upon New Evidence The "new" evidence submitted ... Jun 1, 2023 — If new evidence is submitted, that submission may be deemed a motion to ... the immigration court should submit a motion stating the complete case ... Aug 2, 2018 — — A motion to reopen must be supported by evidence. See ... file a written motion with the Board of Immigration Appeals to set aside a default. The person seeking such service, or his attorney, shall submit his request therefor upon the praecipe for summons along with supporting affidavits that diligent ...

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