Get the free Motion to Set Aside a Referee Recommendation - Calhoun County - calhouncountymi

THIRTY-SEVENTH JUDICIAL CIRCUIT OF MICHIGAN Calhoun County Office of the Friend of The Court Jeffrey S. Alba ugh Friend of the Court Calhoun County Justice Center 161 E. Michigan Ave. Battle Creek,

How to fill out motion to set aside

How to fill out motion to set aside:

1. Start by collecting all necessary documents and information related to the case, including the court order or judgment that you want to set aside.
2. Understand the grounds for setting aside a court order or judgment. Generally, this can include situations where there was a mistake of law or fact, fraud, newly discovered evidence, or a violation of your rights.
3. Draft a heading for your motion that includes the court name, case number, and parties involved.
4. Write an introduction that clearly states your intention to set aside the court order or judgment and the reasons for doing so. Be concise and to the point, outlining the specific grounds on which you believe the order should be set aside.
5. Proceed with the body of your motion, providing an in-depth explanation and supporting evidence for each ground you mentioned in the introduction. Make sure to reference relevant laws, rules, or court cases that support your arguments.
6. In the conclusion section, summarize your main points and reiterate your request to set aside the order or judgment.
7. Sign and date the motion, then make several copies to serve to the opposing party and file with the court. Ensure that you follow the specific filing procedures and timelines prescribed by your jurisdiction.

Who needs a motion to set aside?

1. Defendants who have been issued a court order or judgment against them and believe that there are grounds to have it set aside.
2. Parties who have discovered new evidence that could significantly affect the outcome of the case.
3. Individuals who believe there was fraud or misconduct involved in obtaining the court order or judgment.
4. Defendants who were not properly served with a summons or notice of the lawsuit.
5. People who have identified a mistake of law or fact that would invalidate the court order or judgment.

It is important to note that the specific requirements for filing a motion to set aside may vary depending on the jurisdiction and type of case. It is advisable to consult with an attorney or seek legal advice to ensure you meet all necessary procedural and substantive requirements.

For pdfFiller’s FAQs

What is motion to set aside?

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

Who is required to file motion to set aside?

Any party or individual affected by a judgment or order may file a motion to set aside.

How to fill out motion to set aside?

A motion to set aside must be filled out completely and accurately, including details of the case, legal grounds for setting aside the judgment, and any supporting evidence.

What is the purpose of motion to set aside?

The purpose of a motion to set aside is to seek relief from a judgment or order that is alleged to be incorrect, unjust, or based on errors or misconduct.

What information must be reported on motion to set aside?

The motion to set aside must include the case number, parties involved, specific reasons for setting aside the judgment, and any supporting documents or evidence.

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