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Law Library for San Bernardino County www.sblawlibrary.org (909) 8853020Research Guide Motion to Set Aside Default When Service of Summons Did not Result in Actual Notice to Defendant Last Updated:
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How to fill out motion to set aside
How to fill out motion to set aside
01
To fill out a motion to set aside, follow these steps:
02
Start by writing the title 'Motion to Set Aside' at the top of the document.
03
Include your name, address, and contact information at the top right or left corner of the page.
04
Next, include the name of the court and the case number at the top left or right corner of the page.
05
Begin the document with an introduction stating that you are filing a motion to set aside.
06
Provide a brief summary of the case and explain why you believe the judgment or ruling should be set aside.
07
Clearly state the legal grounds or reasons for seeking to set aside the judgment.
08
Support your arguments with relevant laws, rules, or precedents.
09
Include any necessary evidence or documentation that supports your motion.
10
End the motion with a conclusion summarizing your arguments and requesting the court to set aside the judgment.
11
Sign and date the motion at the bottom of the page.
12
Make several copies of the document for your records and for the opposing party.
13
File the original motion with the court clerk and pay any applicable filing fees.
14
Serve a copy of the motion on the opposing party or their attorney as required by the court rules.
15
Keep track of any deadlines or hearings related to the motion and attend them as necessary.
16
Await the court's decision on your motion to set aside.
Who needs motion to set aside?
01
A motion to set aside is typically needed by someone who wants to challenge a judgment or ruling that has already been made in a court case.
02
This could be a party to the case who believes the judgment was incorrect or unfair, or someone who was not present in court when the judgment was made.
03
It is also possible for a motion to set aside to be filed by an attorney on behalf of their client.
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What is motion to set aside?
A motion to set aside is a legal request asking a court to overturn or nullify a previous decision or judgment.
Who is required to file motion to set aside?
The party who is seeking to have a decision or judgment overturned is required to file a motion to set aside.
How to fill out motion to set aside?
A motion to set aside must be filled out according to the rules and procedures of the specific court where it is being filed. It typically requires a written petition explaining the reasons for requesting the decision or judgment to be overturned.
What is the purpose of motion to set aside?
The purpose of a motion to set aside is to give parties a chance to challenge a decision or judgment that they believe was made in error.
What information must be reported on motion to set aside?
A motion to set aside must include the case number, names of the parties involved, reasons for requesting the decision to be overturned, and any supporting evidence.
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