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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 Defendants Updated: May
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How to fill out motion to set aside

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How to fill out motion to set aside

01
Obtain the appropriate motion form from the court that has jurisdiction over your case.
02
Fill out the caption with the court's name, your name, the case number, and other relevant details.
03
Clearly state the grounds for setting aside the judgment or order, such as lack of proper service, fraud, or newly discovered evidence.
04
Provide a detailed explanation of why you believe the judgment or order should be set aside.
05
Sign and date the motion before filing it with the court and serving a copy on all parties involved in the case.
06
Attend the court hearing on the motion to set aside and be prepared to present your arguments and evidence.

Who needs motion to set aside?

01
Anyone who has been issued a judgment or order in a legal case that they believe was obtained unfairly or in error may need to file a motion to set aside.
02
This can include defendants who were not properly served with legal documents, individuals who have discovered new evidence that could affect the outcome of the case, or parties who believe the judgment was obtained through fraud or misconduct.

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A motion to set aside is a legal request made to a court to invalidate or reverse a previous judgment or order.
Typically, a party adversely affected by a court order or judgment must file a motion to set aside.
To fill out a motion to set aside, include the case caption, the grounds for the motion, specific details about the judgment, and any supporting evidence or documentation.
The purpose of a motion to set aside is to request the court to reconsider or nullify a prior ruling due to errors, new evidence, or lack of fairness.
The motion must report the case number, parties involved, details of the original judgment or order, grounds for the motion, and any relevant statutes or rules.
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