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  1. #1
    Join Date
    Jul 2008
    Posts
    14

    Default What is a "Motion to Set Aside"

    My question involves child support in the State of: CA

    I'm just curious, reading the e-mails between my mom and the lawyer, my dad has entered a "motion to set aside," I don't know if this is a term about teh court date (which keeps getting postponed) or if it's a plea or something. Thanks!

    -Holly

  2. #2
    Join Date
    Jan 2009
    Location
    Texas
    Posts
    3

    Default Re: What is a "Motion to Set Aside"

    In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. Such a motion is proposed by a party who is dissatisfied with the end result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has been closed by the courts. Generally the motion cannot be based on grounds which were previously considered when deciding a motion for new trial or on an appeal of the judgment, thus the motion can only be granted in unusual circumstances, such as when the judgment was procured by fraud which could not have been discovered at the time of the trial, or if the court entering the judgment lacked the jurisdiction to do so.

    Motions to set aside judgments entered in civil cases in the United States district courts are governed by Rule 60 of the Federal Rules of Civil Procedure (see below). The rule is quite straightforward; its court room application is mostly exactly as stated.

    Motions to set aside judgment in criminal cases are rare: in U.S. jurisprudence the writ of habeas corpus is the usual method of attacking a criminal conviction after the right of appeal has been exhausted.

    Hope this helps AggieCindy!

    Stonefeather

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: What is a "Motion to Set Aside"

    Quote Quoting stonefeather
    View Post
    Motions to set aside judgments entered in civil cases in the United States district courts are governed by Rule 60 of the Federal Rules of Civil Procedure (see below). The rule is quite straightforward; its court room application is mostly exactly as stated.

    If I may, the case is a state child support case, the federal rules do not apply.

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