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

A motion to set aside a judgment is a legal action taken in civil law in Texas. It is an application to have a court judgment set aside, or reversed. Courts may set aside a judgment if there is a mistake of fact, a mistake of law, or if there is evidence of fraud or other misconduct that led to the judgment. In Texas, a motion to set aside a judgment is usually filed in the same court in which the judgment was originally entered. The motion must clearly state why the judgment should be set aside. Depending on the court, the motion may need to meet certain requirements in order to be considered, such as providing evidence that the judgment was based on a mistake of fact or fraud. The court may also consider any underlying legal claims and defenses that the parties raised when the judgment was originally entered. The court will then determine whether the motion should be granted or denied. If the court grants the motion, the judgment is set aside and the case can proceed as though it had not been entered in the first place. If the motion is denied, the judgment stands. It is important to note that the burden of proof lies with the person filing the motion to set aside the judgment.

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