In all other instances, all motions to set aside judgments shall be brought within three years from entry of the judgment complained of.
#SAMPLE MOTION FOR RECONSIDERATION OCGA TRIAL#
Motions for new trial must be brought within the time prescribed by law. A judgment void because of lack of jurisdiction of the person or subject matter may be attacked at any time.
Motions to set aside judgments may be served by any means by which an original complaint may be legally served if it cannot be legally served as any other motion. Reasonable notice shall be afforded the parties on all motions. The use of a complaint in equity to set aside a judgment is prohibited. Under this paragraph, it is not sufficient that the complaint or other pleading fails to state a claim upon which relief can be granted, but the pleadings must affirmatively show no claim in fact existed. (3) A nonamendable defect which appears upon the face of the record or pleadings. (2) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant or (1) Lack of jurisdiction over the person or the subject matter A motion to set aside may be brought to set aside a judgment based upon: A motion for new trial must be predicated upon some intrinsic defect which does not appear upon the face of the record or pleadings. Judgments may be attacked by motion only in the court of rendition. A judgment may be attacked by motion for a new trial or motion to set aside.
#SAMPLE MOTION FOR RECONSIDERATION OCGA CODE#
In all other instances, judgments shall be subject to attack only by a direct proceeding brought for that purpose in one of the methods prescribed in this Code section. A judgment void on its face may be attacked in any court by any person. To learn what a "Motion to compel" is, I invite you to watch the video below.(a) Collateral attack. However, there have been instances where the conduct of the lawyer or the person being sued requires drastic sanctions.Īlthough this is rare, it does happen from time to time. The judge knows that this is a drastic remedy to fix whatever problem has arisen. Instead, the case will then proceed to the damages portion to determine how much compensation to award the injured victim. It means the defense no longer has the ability to defend the case. You get an automatic win simply for showing up. If the judge strikes the defendants answer, a similar thing happens. The Yankees would automatically get a default win since the Mets failed to show up. The Mets, for whatever reason, don't show up. Let's say the Yankees are playing the Mets at Yankee Stadium in the Bronx. One of the most drastic things the court can do is to strike the defendants' answer.
If the defense lawyer does something inappropriate or has not provided us with information that the court has directed, we have a legal opportunity to ask the court to do something drastic. These documents, known as a summons and complaint, as well as an answer, are technically known in the legal world as “pleadings.” That person, through their lawyer, has an opportunity to respond to the allegations. That is known as an 'answer'. Those papers must be delivered to the person you are suing. The complaint makes general allegations of wrongdoing against the person you have sued. When a lawsuit is started, we are obligated to file papers known as a 'summons and complaint'.
First, a motion is simply a request to the court that is put into writing.Ī motion to strike means that we are asking the court to throw out the answer that was submitted by the defense lawyer.
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