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Motion and Order to Set Aside Dismissal Forms and
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People also ask
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What does it mean to set aside a dismissal?
If the judge grants your motion to set aside the Judgment of Dismissal, your case will be reopened at the point at which it was dismissed. You will need to take action to bring your case to a conclusion.
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What's the difference between vacate and set aside?
'Vacating' or 'setting aside' is used when referring to nullifying a specific judgment from the judge (in this case, a guilty or 'no contest' judgment). On the other hand, 'dismissing' applies to the entire case. It means that the case is thrown out for reasons other than its factual merits.
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What does a motion to set aside judgment mean?
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. Such a motion is proposed by a party who is dissatisfied with the result of a case.
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What does "set aside" mean in legal terms?
Primary tabs. When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate. The phrase is often used in the context of appeals, when an appellate court invalidates the judgment of a lower court.
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What does motion to vacate dismissal mean?
A motion is a written request for something from the court. This motion requests some court to vacate (over turn, reverse, throw out) a prior court decision to dismiss (end) an appeal (a proceeding whereby a higher court is asked to examine a lower court ruling or decision or judgment).
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What is a motion to set aside dismissal 473?
Under CCP § 473(b), the court may set aside a default and default judgment if the defendant asking for the set aside presents enough evidence to the court to demonstrate that the default was entered by inadvertence, mistake, surprise, or excusable neglect.
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What does it mean to set aside an agreement?
: to disagree with and overturn (a decision or act of a lower tribunal) upon review : overrule, vacate. set aside the decree. 2. : to deprive of legal effect or force : annul, void. may set aside the contract.
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What does dismissal mean in court?
A dismissal refers to the court's decision to terminate a court case without imposing liability on the defendant. The court may dismiss a case in response to a defendant's motion to dismiss or do so sua sponte.
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