Setting Aside a Judgment: How to File a Motion and Plan Your Case | Step-by-Step Guide

How to File a Motion to Set Aside Judgment: A Step-by-Step Guide In this video, you will learn how to file a motion to set aside a judgment if you are unhappy with the outcome of your lawsuit. While appealing to a higher court is the usual course of action, there are limited circumstances where you may be able to have the judgment against you set aside. To do this, you need to file a motion explaining why you are entitled to this relief. The first step is to plan your motion by reading the relevant rules of civil procedure. Different courts have different rules, so it's important to familiarize yourself with them. For example, in federal court, Rule 60 of the Federal Rules of Civil Procedure applies, while your state court will have its own rule. Next, identify the reasons for bringing the motion that are applicable to your situation. Some common reasons include mistakes, surprise, excusable neglect, newly discovered evidence, fraud, misrepresentation, and void judgments, among others. Check the deadline for filing your motion. The timeframe for filing may vary depending on the reason for setting aside the judgment. Make sure to consult your Rules of Civil Procedure to determine the specific deadline. Gather evidence to support your motion. The judge is unlikely to grant the motion without sufficient proof. For example, if you suspect juror bribery, you will need a signed affidavit from the juror. If new evidence has emerged, obtain a copy or provide evidence of its existence. If the judgment is based on a prior judgment that has been reversed on appeal, obtain a copy of the court's opinion. Consider meeting with an attorney to discuss your motion. Motions to set aside judgments are rarely granted, so seeking expert advice tailored to your circumstances can be beneficial. Contact your local or state bar association for a referral or reconnect with your original attorney if applicable. Once you have planned your motion, proceed to drafting it. Follow the formatting guidelines provided by the court or judge's local rules. Use appropriate font size and style, double-spacing, and consider using pleading paper if required. If available, check if the court has provided fill-in-the-blank forms for default judgments. Include a caption at the beginning of your motion, which identifies the court, parties, judge, and case number. By following these steps and properly filing your motion, you can increase your chances of having the judgment set aside. Remember to consult the specific rules and guidelines of your jurisdiction for accurate information.