Fill and Sign the Motion Set Aside 497331879 Form

IN THE ___________ COURT OF _____________ (County) , ______________ (State) ____________________ PLAINTIFF (Name of State) V. CAUSE NO. _____________ ____________________ DEFENDANT (Name of Defendant) Motion to Set Aside Submission and Reopen Case Comes now _________________ (Name of Defendant) , Defendant, in the above-captioned cause, who, by and through his attorney moves the Court for an order setting aside the submission of the above-mentioned cause and reopening the cause for the introduction of further evidence, on the following grounds: 1. A fter the submission of this cause, Defendant discovered new and material documentary and oral evidence, which evidence, through no fault of Defendant was unavailable prior to submission . 2. This Motion will be based on this Motion, on the attached Affidavit of ___________________ (name of affiant) , and on all the pleadings, papers, records, files, and evidence in this action. Respectfully submitted, __________________________ (Name of Defendant) By:______________________ (Printed Name of Attorney) _________________________ (Signature of Attorney) Defendant’s Attorney State Bar No. ____________ Certificate of Service This is to certify that I, ____________________ (Name of Attorney) , attorney for Defendant _____________________ (Name of Defendant) , have this date served a true and correct copy of the above and foregoing Motion by U.S. Mail, postage fully prepaid, to the following counsel of record for the Plaintiff: ________________________ (Name of Attorney) ______________________________ (Post Office Box No. or Street Address) ___________________________ (City, State, Zip Code) This the ____ day of __________________, 20_______. Respectfully Submitted, ________________________ (Printed Name of Attorney) ________________________ (Signature of Attorney) Defendant’s Attorney State Bar No. ____________ OF COUNSEL: ______________________ (Name of Attorney) _____________________________ (Post Office Box or Street Address) _____________________________ (City, State, Zip Code) Telephone: ____________ Notice of Motion to Set Aside Submission and Reopen Case You are notified that on _______________ ( date) , at ___________ (time) , or as soon thereafter as counsel can be heard, in Courtroom _______ of the _________Court for __________ County, ______________ (State) , at the _______________ (County) Courthouse at __________________________________________________________ ________________ (street address, city, county, state, zip code) , Defendant _____________________ (Name of Defendant) , by and through his attorney, will bring on for hearing his Motion for the reasons stated in the above Motion. Respectfully Submitted, ________________________ (Printed Name of Attorney) ________________________ (Signature of Attorney) Defendant’s Attorney State Bar No. ____________ OF COUNSEL: __________________ (Name of Attorney) ______________________________ (Post Office Box or Street Address) ______________________________ (City, State, Zip Code) Telephone: ____________