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Tip Sheet for Tenants TO FILL OUT THE MOTION TO SET ASIDE AN EX PARTE ORDER (S2) FORM Prepared by the Tenant Duty Counsel Program and funded by Legal Aid OntarioThis publication contains general information

How to fill out motion to set aside

How to fill out motion to set aside:

1. Begin by downloading or obtaining the appropriate motion form from the court where your case is filed. This form can usually be found on the court's website or obtained from the clerk's office.
2. Fill in the caption of the motion form with your name, the opposing party's name, and the case number. Make sure to double-check that you have entered this information accurately.
3. Next, provide a concise and clear title for your motion that accurately reflects the purpose of the motion. For example, if you are seeking to set aside a default judgment, you could title your motion as "Motion to Set Aside Default Judgment."
4. In the body of the motion, clearly state the legal grounds on which you are requesting the court to set aside a previous decision or judgment. This may include reasons such as fraud, mistake, excusable neglect, or newly discovered evidence. Be sure to provide a detailed explanation and cite relevant legal authority to support your arguments.
5. Include a section where you provide a brief summary of the relevant facts and events leading up to the need for the motion to set aside. This should help the court understand the context of your request and why it is necessary.
6. Include a section where you outline the relief you are seeking from the court. For example, you may request for the court to vacate a judgment, reopen a case, or grant you a new hearing. Be specific and clear in what you are asking the court to do.
7. Sign and date the motion form, and make sure to include your contact information such as your address, phone number, and email address. This will be important for any further communication regarding your motion.

Who needs motion to set aside:

1. Generally, anyone who wishes to challenge or overturn a previous decision, judgment, or order in a legal case may need to file a motion to set aside.
2. This could apply to individuals who have been subject to a default judgment because they failed to appear in court or respond to a lawsuit.
3. It may also apply to individuals who believe that a judgment or order was obtained fraudulently, based on mistake, or is no longer valid due to new evidence or changed circumstances.
4. The need for a motion to set aside can arise in various legal matters, including civil lawsuits, criminal cases, and administrative proceedings.
5. It is important to consult with an attorney or legal professional experienced in the specific area of law relevant to your case to determine if a motion to set aside is appropriate and necessary in your situation. They can provide guidance on the specific requirements and procedures for filing such a motion in your jurisdiction.

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What is motion to set aside?

A motion to set aside is a legal request asking the court to nullify a previous judgment or order.

Who is required to file motion to set aside?

The party seeking to set aside the judgment or order is required to file the motion.

How to fill out motion to set aside?

To fill out a motion to set aside, you must follow the guidelines provided by the court and include relevant information and legal arguments.

What is the purpose of motion to set aside?

The purpose of a motion to set aside is to challenge the validity of a judgment or order based on specific legal grounds.

What information must be reported on motion to set aside?

The motion to set aside must include the case number, the name of the parties involved, a detailed explanation of the reasons for seeking to set aside the judgment, and any supporting evidence.