Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence
Understanding this form
The Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a legal document used by an attorney to request the court to reopen a case due to new evidence that could significantly affect the outcome. This affidavit is crucial for ensuring that justice is served, particularly when relevant information surfaces after a case has been submitted for a decision.
Main sections of this form
- Name of the plaintiff and defendant, along with the case number.
- Affiant's details, including their role as the attorney of record.
- Dates of case submission and discovery of new evidence.
- Details on new oral evidence, including witness information.
- Description of newly discovered documentary evidence.
- Signature and notarization sections for legal validation.
Situations where this form applies
This form should be used when an attorney discovers new, significant evidence that was not available during the original court proceeding. This situation may arise after the case has been submitted to the court but before a decision is rendered. It is particularly relevant in cases where newly discovered evidence could materially influence the outcome of the case.
Who can use this document
- Attorneys representing defendants in legal cases.
- Legal professionals seeking to reopen a case based on new evidence.
- Individuals involved in cases where new evidence has emerged after submission.
How to complete this form
- Identify the parties involved in the case and enter their names.
- Specify the case number and the date the case was submitted to the court.
- Detail the newly discovered evidence, both oral and documentary.
- Provide the circumstances under which the evidence was discovered.
- Sign the affidavit in the presence of a notary public.
Is notarization required?
Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
Get your form ready online
Our built-in tools help you complete, sign, share, and store your documents in one place.
Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to include specific descriptions of newly discovered evidence.
- Not providing the correct dates for case submission and evidence discovery.
- Omitting necessary signatures or notary verification.
Advantages of online completion
- Convenient access to legal forms that can be downloaded anytime.
- Editable templates allow for modifications to meet specific case requirements.
- Forms are drafted by licensed attorneys, ensuring legal accuracy and compliance.
Main things to remember
- The affidavit allows attorneys to request the reopening of a case based on new evidence.
- It is critical to include comprehensive and specific information about the newly discovered evidence.
- Notarization is a mandatory step in validating this legal document.
Looking for another form?
Form popularity
FAQ
Set aside. v. to annul or negate a court order or judgment by another court order. Example: a court dismisses a complaint believing the case had been settled. Upon being informed by a lawyer's motion that the lawsuit was not settled, the judge will issue an order to "set aside" the original dismissal.
If you do not owe the money, you can ask the court to cancel the county court judgment ( CCJ ) or high court judgment. This is known as getting the judgment 'set aside'. You can do this if you did not receive, or did not respond to, the original claim from the court saying you owed the money.
When a court sets aside a conviction it dismisses the conviction, the penalties are dismissed and disabilities are vacated. The record of the prior conviction remains but the court record will also note that the conviction has been set aside.
A set aside hearing would normally consider whether the defendant has an 'arguable' defence rather than making a final decision on whether the defence is correct or not. If the court agrees there's an arguable defence, they'll set aside the judgment and allow you to file a defence.
