Motion to set aside judgment

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Civil procedure in the United States
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Parties plaintiff defendant Pro se Jury (voir dire) Burden of proof Judgment (As a matter of law (JMOL) Renewed JMOL Notwithstanding verdict (JNOV) Motion to set aside De novo (new trial) ) Remedy (Injunction Damages Attorney's fee (American rule English rule) Declaratory judgment)
Appeal
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v t e

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.^[1]^[2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has been closed by the courts. Generally the motion cannot be based on grounds which were previously considered when deciding a motion for new trial or on an appeal of the judgment, thus the motion can only be granted in unusual circumstances, such as when the judgment was procured by fraud which could not have been discovered at the time of the trial, or if the court entering the judgment lacked the jurisdiction to do so.

Motions to set aside judgments entered in civil cases in the United States district courts are governed by Rule 60 of the Federal Rules of Civil Procedure. The rule is quite straightforward; its court room application is mostly exactly as stated.

Motions to set aside judgment in criminal cases are rare: in U.S. jurisprudence the writ of habeas corpus is the usual method of attacking a criminal conviction after the right of appeal has been exhausted.

References

^ "PART 13 – SETTING ASIDE OR VARYING DEFAULT JUDGMENT – Civil Procedure Rules". www.justice.gov.uk. Retrieved 2024-11-10.
^ "Setting aside and variation of judgments and orders". www.judcom.nsw.gov.au. Retrieved 2024-11-10.

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