What is a motion to set aside a judgment in civil law?

In civil law, a motion to set aside a judgment is a request made to the court for an order to revoke a court decision that has already been issued. This motion must be filed as soon as possible, usually within 30 days, after the judgment is rendered. The motion must explain why the court should revoke the judgment. Reasons may include that the judgment was based on incorrect information, the court did not have proper jurisdiction, or that the judgment was unfair. The court would then review the motion and decide if it should be granted or denied. If the motion is granted, the court will set aside the judgment and may order a new trial. In the new trial, the parties involved may present new evidence, testimony, or arguments that might have an effect on the outcome of the case. Alternatively, the court may enter a new judgment, either upholding the original judgment or modifying it in some way. In North Dakota, a motion to set aside a judgment is made under Rule 60 of the North Dakota Supreme Court Rules. This rule allows for the setting aside of judgments for mistakes, fraud, or other reasons. The motion must be made in writing and state the grounds for the request. It also must provide the court with sufficient factual information to demonstrate that the judgment should be overturned.

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