Legal Motion to Reopen

LEGAL MOTION TO REOPEN

Court:    Case Number:

Movant Name:    Attorney for Movant:

Respondent Name:    Attorney for Respondent:

RECITALS

WHEREAS, on the Court entered a judgment, order, or final disposition in the above-captioned matter that disposed of certain claims or rights of the Movant; and

WHEREAS, Movant asserts that grounds exist to reopen the proceeding based on new material facts, fraud upon the court, clerical error, or other recognized legal grounds permitting relief from the prior order; and

WHEREAS, Movant has attached affidavit(s), documentary evidence, and a proposed order sufficient to permit the Court to determine whether relief is warranted.

NOW THEREFORE

Movant respectfully moves the Court to reopen the above-captioned matter for the limited purpose of adjudicating the matters described below and for such other and further relief as the Court deems just and proper.

1. JURISDICTION

This Court has jurisdiction to entertain this Motion to Reopen pursuant to its inherent authority and any procedural rules governing relief from final orders, including relief from judgment or order for mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, or fraud upon the Court. Movant submits that venue and jurisdiction are proper in this forum.

2. BACKGROUND

A concise statement of the procedural history and relevant facts follows. Movant states that the following events material to this Motion occurred:

3. GROUNDS FOR RELIEF

Movant asserts the following grounds entitling Movant to relief. Check all applicable grounds and describe with particularity.

Newly discovered evidence that could not with reasonable diligence have been discovered prior to entry of the order.

Fraud upon the court, misrepresentation, or misconduct by an opposing party which prevented a fair determination.

Clerical error, mistake, or other inadvertent error affecting the entry or substance of the order.

Excusable neglect or other equitable grounds justifying relief.

4. ARGUMENT

For each ground asserted, Movant demonstrates (a) a meritorious claim or defense that would be affected by reopening, (b) a reasonable basis for failing to present the claim earlier, and (c) that reopening serves the interests of justice. Movant's factual assertions are supported by sworn affidavits and documentary exhibits attached to this Motion. Movant requests that the Court exercise its discretion to set aside or modify the prior order to permit adjudication on the merits.

5. RELIEF REQUESTED

Movant respectfully requests that the Court issue an order granting the following relief:

1. Reopen the above-captioned matter for consideration of the newly presented evidence and arguments;
2. Suspend enforcement of the prior order pending resolution of this Motion, if necessary to preserve the status quo;
3. Grant such other relief as the Court deems just and proper.

Specific relief requested (describe each discrete requested action or modification to the prior order):

6. SUPPORTING MATERIALS

Attached to this Motion are the following supporting materials which Movant requests the Court consider:

7. NOTICE AND CERTIFICATION OF SERVICE

Movant certifies that on , a true and correct copy of this Motion and all attachments were served upon the following parties by the method(s) indicated:

8. PROPOSED ORDER

Movant respectfully requests that the Court enter the proposed order submitted concurrently herewith, which sets forth the scope and timing of any relief granted and any conditions imposed by the Court.

MISCELLANEOUS PROVISIONS

Governing Law: This Motion and any order entered hereon shall be governed by the laws and procedural rules of the forum in which this Court sits.

Entire Agreement: This Motion contains Movant's entire request for the relief sought herein and supersedes any prior oral or written statements regarding the subject matter of this Motion.

Severability: If any provision of this Motion is determined to be invalid or unenforceable, such determination shall not affect the validity of any other provision, which shall remain in full force and effect.

Amendments; Waiver; Counterparts: This Motion may be amended by written filing with the Court. No waiver of any provision of this Motion shall be effective unless in writing. This Motion may be executed in counterparts and by facsimile or electronic signature, each of which shall be deemed an original.

DECLARATION

I declare under penalty of perjury under the laws of the jurisdiction that the foregoing is true and correct to the best of my knowledge, information, and belief.

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