Set Aside Order
What is a Set Aside Order?
A set-aside order is a legal order that brings back or overturns a previous court order or judgment. It essentially nullifies the original decision and allows the parties involved to start the legal process again from the beginning.
Grounds
A set-aside order can be granted for a variety of reasons, including:
- Fraud or misrepresentation
- New evidence that was not available at the time of the original hearing
- Judgment obtained by default or without proper service of process
- Mistake, inadvertence, surprise, or excusable neglect
- Violation of due process
Procedure
To obtain a set-aside order, the party seeking the order must file a motion with the court that issued the original order or judgment. The motion must state the grounds for the order and provide evidence to support the request.
The court will then schedule a hearing where both parties will have the opportunity to present their arguments and evidence. If the court determines that there is sufficient cause for an order, it will grant the motion and bring back the original order or judgment.
Effects
When a set-aside order is granted, the original order or judgment is nullified and the legal process starts anew. This means that any subsequent orders or judgments based on the original order or judgment are also nullified.
Conclusion
A set-aside order is a powerful tool that can be used to correct errors or injustices in the legal system. If you believe that you have grounds for an order, it is important to speak with an experienced attorney who can guide you through the process and help you obtain the relief you need.