What is a motion to set aside a judgment in an insurance litigation case?
A motion to set aside a judgment in an insurance litigation case is a legal document filed with a court asking the court to set aside or overturn a judgment previously issued. This could be requested when a party believes that the judgement was made based on false or inaccurate information, or when a party believes that they were not treated fairly in the previous trial. In California, the motion to set aside judgment must be done within a certain amount of time, depending on which type of judgment was issued. The court must also be provided with sufficient evidence in order to grant the motion. Additionally, the party filing the motion must also provide an affidavit explaining their reasons for the motion. The court will then review the motion and the evidence presented and decide whether or not to grant the motion. If the court agrees with the motion and sets aside the judgement, the case may either be heard again or the claim may be dismissed altogether. In some cases, the party may also be able to file for a motion for reconsideration, which is similar to a motion to set aside a judgement, but does not require as much evidence or explanation. Overall, the process of filing a motion to set aside a judgement in an insurance litigation case in California is a long and complicated one, so it is important for an individual seeking to do this to get appropriate legal advice and assistance.
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