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.
Palm Beach Florida Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence
Category:
State:
Multi-State
County:
Palm Beach
Control #:
US-02766BG
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Affidavit Of Attorney In Support Of Motion To Set Aside Submission And Reopen Case Based On Newly Discovered Evidence?
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FAQ
A judgment is void if the court lacked jurisdiction over the subject matter or parties, for example, if the defendant was not validly served with summons. If a judgment is in fact void on its face, there is no time limit mentioned for a party to file a motion to set aside the void judgment.
CCP Section 473 permits the trial court to 'relieve a partyfrom a judgment, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect.
Mandatory Relief for Attorney Error in California Applies Only to Defaults, Default Judgments and Dismissals, Not Analogous Situations. Freeman Mathis & Gary. USA February 5 2020. California Code of Civil Procedure section 473, subdivision (b) provides two avenues for relief when attorneys make mistakes.
The California Code of Civil Procedure 473 concerns a party's right to amend a pleading filed in a court action. The court has discretion on whether a party may add or remove the name of a party, or correct a mistake in a pleading. Additionally, the court may alter the time for response of the opposing party.
Excusable neglect is a term associated with proceedings, notably in bankruptcy cases, that includes inadvertence, mistake, carelessness, or any intervening circumstances beyond a party's control. A court has the direction to allow a party to file a motion after the deadline if it finds excusable neglect.
SQUILLARIO. Fortunately, Code of Civil Procedure Section 473(b) offers a potential escape hatch when an attorney's mistake, inadvertence, surprise or neglect has harmed the client.
An excusable neglect would include clerical errors, reasonable misunderstandings, as well as circumstances beyond the party's control. For example, a secretary's misfiling of the summons and complaint has been found to constitute an excusable neglect.
If a default or default judgment has been entered against you, and you believe, because of a mistake, inadvertence, excusable neglect, newly discovered evidence, or fraud, that it should not have been entered against you, you can use this form to request that the court set aside the default or default judgment.
A common summary of the rules for setting aside (excusing) a default is frequently quoted by Florida appellate courts: A party attempting to set aside a clerk's default must demonstrate excusable neglect, a meritorious defense, and due diligence in order for the trial court to vacate the default.
