What is a motion to set aside a judgment in civil law?
A motion to set aside a judgment in civil law is a request from one party in a lawsuit to a court to reverse a judgment or decision made by the court. In Oklahoma, this motion must be filed by the losing party, and it must be based on a legal or factual mistake that was made during the suit. The most common reasons for filing a motion to set aside a judgment include that the plaintiff or defendant was not properly served with the complaint or other papers, or that the court failed to consider certain evidence when reaching its decision. Motions to set aside a judgment may also be filed if new evidence becomes available or if a mistake was made in the judgment itself. There are certain time limits for filing a motion to set aside a judgment in Oklahoma, with the time required ranging from two to nine months. Additionally, the court may deny the motion if it finds that the plaintiff or defendant was not diligent in filing the motion. In Oklahoma, the court may or may not grant a motion to set aside a judgment, depending on the merits of the situation. Ultimately, this decision is up to the judgment of the presiding judge, who may choose to reverse the judgment if the motion has substantial legal or factual basis.
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