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What is a Motion to set aside?

Updated: 4/29/2024
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15y ago

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It is a legal procedure whereby the judge is asked via the filing of a legal brief (called a "Motion") to "set aside" a ruling of his own, or another (usually lower) court. It must set forth the full legal reasoning for such a request. The judge will consider the Motion and then issue a ruling on the request.

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15y ago
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6d ago

A Motion to set aside is a request made to a court to undo a previous decision or judgment. It is typically filed when there is new evidence or information that was not considered during the original decision, or if there was an error in the legal process that affected the outcome.

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13y ago

Motion to reinstate the case.

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What is most likely true if a motion to quash has been filed?

If a motion to quash has been filed, it suggests that the party believes there may be a defect in the legal proceeding or the document being challenged. The party is asking the court to invalidate or set aside the action based on specific legal grounds. It does not automatically mean the request will be granted, as the court will need to review and decide on the motion.


What is motion to arrest of judgment?

A motion to arrest judgment is a formal request made by a party in a legal case asking the court to set aside a judgment that has been entered, typically prior to the judgment becoming final. This motion is usually made on the grounds of legal deficiencies in the judgment itself, such as being based on insufficient evidence or errors of law.


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Why is a hearing scheduled for an order to show cause re dismissal when I was granted a motion to set aside default?

A hearing for an Order to Show Cause may have been scheduled to address any remaining issues related to the dismissal of the case despite the default being set aside. The court may want to ensure that all procedural requirements have been properly addressed before proceeding further in the case. It is important to attend the hearing and present any relevant information or arguments to the court.

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