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Sample motion for reconsideration divorce code#

The fact that you are self-represented is not an excuse for making a mistake.

Talk to a lawyer, your court’s self-help center or family law facilitator for help explaining your reason for asking to set aside the order.

In your paperwork, you will have to (1) describe, as clearly as possible, why you did not answer the papers in time, (2) explain why you had a good reason or excuse, and (3) why you should be allowed to respond to the original petition or other document and participate in your case.

There is no clear-cut description of what a judge will agree is a valid reason to set aside an order in these cases.

For these situations, and other similar ones, you must have had a valid reason for your actions (or inaction).

Were unexpectedly surprised or failed to act in time because you relied on someone else acting, or you had the wrong information, or you were unable to understand what to do.

Misunderstood the facts or the law and your misunderstanding was reasonable and justifiable (and more than just not knowing the law), or.

This means if a court order order was made against you because you:.

Sample motion for reconsideration divorce code#

The order was made against you because of your own “mistake, inadvertence, surprise, or excusable neglect.” The law discussing this is Code of Civil Procedure, section 473(b). Here are the most common legal reasons to ask a judge to set aside (cancel) a judgment or another type of court order: Legal Reasons to Set Aside (Cancel) a Judgment or Order

If the other side in your case has filed a request to set aside (cancel) an order and you want to oppose it, you will find instructions to guide you on the pages that discuss the steps for each type of request.

It is important you do not confuse them because you may miss a deadline if you use the wrong procedure for your situation. Those 2 procedures have different legal requirements and deadlines. Important: Keep in mind that a request for order to set aside is not the same as an appeal or a request for reconsideration. You may also be able to hire a limited-scope lawyer to help you with just certain parts of your case while you handle the rest. If you have the kind of case that your court’s self-help center or family law facilitator helps with, you may be able to get help there. Talk to a lawyer if you need advice related to your situation. This section will give you general information only. So make sure that you understand your situation and the law before you file a request for order to set aside a court order. If you do not have a good legal reason to file a request for order to set aside and you do it anyway, the judge may order you to pay the other party’s ’s lawyer fees and costs to respond to your request for order. You have to tell the judge what law applies to the facts of your case, and why you think your situation fits the law. And the law only allows a judge to set aside to set aside (cancel) a judgment or court order in very few situations. Keep in mind that we will use the word “order” to mean both “court orders” and “judgments.” When can I file a request to set aside or cancel an order?Ī request to set aside an order is complicated. When you ask the judge to cancel a court order, the judge will make the decision to cancel it (or not) based on your request, the other side’s response, and the law. To ask a court to set aside (cancel) a court order or judgment, you have to file a “request for order to set aside,” sometimes called a “motion to set aside” or “motion to vacate.” The terms “set aside” or “vacate” a court order basically mean to “cancel” or undo that order to start over on a particular issue.