The losing party in a lawsuit may ask the judge to set aside the judgment.The Rules of Civil Procedure will explain the limited situations in which a judge can do so.If you used fraud to get a verdict in your favor, the judge might set aside the judgment.If you want to oppose a motion to set aside judgment, you should draft your own motion.
Step 1: You should read the motion.
You should get a copy of the motion from the person who filed it.The copy of the lawsuit will most likely be sent to your lawyer.If you get a copy, you should read it.Pay attention to how long you have to file a response.The rules of civil procedure should tell you when you need to file a motion and give notice to the other side.
Step 2: The reason for setting aside the judgment should be identified.
A person can ask for a judgement to be set aside.To find the reason, read the motion.Mistake, surprise, inadvertence, or excusable neglect are some of the reasons that a party will ask that the motion be set aside.It was not possible to make a motion for a new trial because of the new evidence.Misconduct, fraud, or misrepresentation can be defined.The other side will claim that you did something that prevented them from offering a defense.The court did not have jurisdiction over the case.The judgment was already satisfied, released, or discharged; it was based on an earlier judgment that was reversed or vacating; or applying the judgment prospectively is no longer equitable.The other side might claim to have paid off the debt before the court ruled on it.There are other extraordinary reasons justifying relief.
Step 3: There is evidence offered in support.
The person has evidence to support their arguments.The motion should include this evidence as well.If the person claims he or she wasn't served properly, then look to see if they included an affidavit or a signed declaration.You or your lawyer may be accused of committing fraud in court.Look to see what they have.Someone has signed an affidavit.They pointed to evidence of fraud.
Step 4: There are counterarguments.
The other side's argument will affect your counterargument.You can argue that the other side has the facts wrong.You might be accused of not properly serving them with a summons and a copy of the complaint.Your server might have done a good job.To support your argument that the other side has its facts wrong, you will need supporting evidence, such as an affidavit.The legal argument of the other side is not valid.The other side might say that she was too busy planning a wedding to respond to the complaint.Setting a judgment aside is not a valid legal reason.You can argue that the offered reason is insufficient.The other side waited too long.The federal rule requires that a motion to set aside a judgment be brought within a year of the discovery of new evidence.You can argue that the person waited too long.To find out how long the person has to file the motion, read your relevant rule.
Step 5: There is a lawyer.
Meeting with a lawyer is the best way to figure out how to oppose a motion to set aside the judgment.If you describe the circumstances of the lawsuit, he or she can offer advice.You can ask for a referral from your local or state bar association.You can schedule a meeting by calling the lawyer.Ask the lawyer how much he charges.
Step 6: Local rules are read.
It may have been a while since your lawsuit ended.If that is the case, you should get another copy of the local rules from the court.The content and format of the motions will be included in them.You can get a copy by calling the judge's chambers.
Step 7: Your document should be formatted.
If you want to double-spaced your motion, use a size 14.The Times New Roman or Arial style can be used.If the judge requires a certain format, read your local rules.You need to include the names of the parties, the case number, and the judge in the caption.This information can be pulled from the other side's Motion to Set Aside Judgement.The title should be beneath the caption.You can call your motion opposition motion or similar.
Step 8: Please add your introduction.
You can open the motion by identifying yourself and then stating that you oppose the other side's motion to set aside judgment.If there was a trial and you received a default judgment, you might want to explain the procedural history of the lawsuit.
Step 9: The factual background needs to be explained.
You might want to know the facts of the background dispute.The complaint you filed in the lawsuit should be cited.This background information could be helpful since a lot of time has passed since the judge entered judgment.
Step 10: Make a point.
Your argument can be simple or complex.The other side's argument will affect the amount of detail and complexity.Remember to respond to each argument made by the other side.If they raise three reasons why the judgement should be set aside, reply to all of them.Don't forget one.Do you know if the court opinions cited by the other side really stand for what they say?You can find court opinions on the internet.The citation can be typed, e.g., 212 F.2d 1002.The opinion should be read.You should inform the judge if the opinion doesn't agree with what the other side says.There are helpful court opinions.The other party might argue that the judgment should be set aside because their lawyer made a mistake.This is not a valid reason, according to a court opinion.The case is called Nemaizer v. Baker, 793 F.2d 58.It is not possible to find the mistake, inadvertence, surprise or excusable neglect necessary to justify Rule 60(b)(1) relief.
Step 11: The conclusion should be insert.
The conclusion can be brief.The other side's motion is without merit and should be denied.For the foregoing reasons, the Motion to Set Aside Judgment should be denied.
Step 12: The motion should be signed by you.
Underneath the conclusion, put the words "respectfully submitted" and a signature line.Your name, address, and telephone number can be found underneath the signature line.The motion needs you to sign it.Also include your bar number if you are a lawyer.If you are representing yourself, you should include "pro per" after your name.
Step 13: A certificate of service is required to add it.
To make sure you sent a copy of your motion to the other side, you need to type out a statement on a separate sheet of paper.Attach the certificate of service to your motion.Your certificate might read: "I hereby certify that I caused a true copy of the Motion in opposition to Set Aside Judgment and accompanying Affidavits in support by first class mail upon the other side or their attorney."
Step 14: Any necessary exhibits should be created.
The other side might claim that it did not receive proper service.You can include a copy of your signed Proof of Service form, which should have been signed by the person who served you the summons.Attach a sticker to the document.You might need affidavits from other people.Your lawyer might deny that he did anything improper during the trial that would cause the judgment to be set aside.Each allegation could be denied in a signed affidavit.For tips on how to draft an affidavit, see Write an Affidavit.
Step 15: Take the motion and make it work.
Any supporting documents or affidavits should be gathered with your motion.If you want to make a copy of your records, put them in order.You will need to give a copy to the other side as well.The court may want more than one copy.It's best to make four copies.
Step 16: Notices should be served on the other side.
You should file your motion in opposition.Use the method described in your certificate of service to serve it.If you mail a copy of your motion, send it certified mail, return receipt requested and hold onto the receipt.You have to give enough advance notice.Your rules of civil procedure might require you to give a certain number of days' notice before the hearing.If you mail your notice, you must give five additional days for it to arrive in the mail, according to the rules.
Step 17: The court can accept the motion.
Take the original and your copies to court.Ask the clerk if you can file.The clerk should stamp one of your copies with the date.The copy can be kept for your records.You will probably file your opposition motion electronically if you filed your motions electronically.You should check to see that your account is still active.They may have been removed after final judgment was entered.The court clerk can help.