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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.922(c),
MOTION TO SET ASIDE DEFAULT OR DEFAULT JUDGMENT (11/15)
When should this form be used?
If a default or default judgment has
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How to fill out motion to set aside
How to fill out a motion to set aside:
01
Start by including your name, address, and contact information at the top of the document.
02
Next, write the name of the court where the original judgment was entered and the case number.
03
Provide a brief introduction explaining the purpose of the motion to set aside and why you believe it should be granted.
04
Clearly state the grounds for your motion, such as a mistake in fact or law, newly discovered evidence, or lack of proper notice.
05
Present the facts and evidence supporting your claim. Include any relevant documents, affidavits, or witness statements.
06
Explain how the original judgment has prejudiced your rights or caused an injustice.
07
Conclude the motion by requesting the court to set aside the judgment and provide relief.
08
Sign and date the motion, and make a copy for your records.
Who needs a motion to set aside?
01
Individuals who believe that there have been errors in a judgment or ruling against them may need to file a motion to set aside.
02
Parties who have discovered new evidence that was not available during the original proceedings may also require a motion to set aside.
03
Individuals who were not properly served or given notice of the original proceedings may need to file a motion to set aside.
04
Anyone who believes that the original judgment has caused injustices or infringed upon their rights may seek relief through a motion to set aside.
05
Generally, anyone affected by a judgment that they believe to be incorrect or unfair may benefit from filing a motion to set aside.
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What is motion to set aside?
A motion to set aside is a legal request to overturn or invalidate a previous court ruling or judgment.
Who is required to file motion to set aside?
The party who is seeking to challenge or nullify a court decision is required to file a motion to set aside.
How to fill out motion to set aside?
To fill out a motion to set aside, one must follow the court's specific guidelines and provide detailed reasons for why the ruling should be overturned.
What is the purpose of motion to set aside?
The purpose of a motion to set aside is to request the court to reconsider and possibly reverse a previous decision that the party believes was made in error.
What information must be reported on motion to set aside?
The motion to set aside must include the case number, the specific ruling being challenged, the legal grounds for the challenge, and any supporting evidence.
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