What is a motion to set aside a judgment in an insurance litigation case?

A motion to set aside a judgment is an option an individual has in an insurance litigation case in Oregon. This motion is a request to the court to throw out the original judgment in the case that was made. This motion is usually requested when a person believes that the original ruling was illegal or that there were errors in the process of the original case. In Oregon, this motion can be filed if there are certain circumstances in the original case including unconstitutionality, fraud, surprise, mistake, or newly discovered evidence. The motion must be filed within a certain amount of time after the original ruling, usually within six months. In order for a motion to set aside a judgment to be successful in Oregon, the individual making the motion must provide evidence that one of the above conditions is met. This evidence must then be presented to the court in a hearing where both parties can provide testimony and evidence of the original ruling. If the court rules that the motion is successful, the original ruling is withdrawn and the case is reopened. This allows the plaintiff to provide additional evidence that might affect the outcome of the case. If the motion is not successful, then the original ruling stands and the defendant must pay according to the original judgment. It is important to note that this motion is only an option in certain cases, and individuals should be aware of the criteria needed for success before filing a motion.

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What is a motion to set aside a judgment in an insurance litigation case?

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