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Grounds for setting aside judgment

Motion aside judgment 2026

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The document is a court order from the Circuit Court of Mississippi, granting a motion to dismiss a defendant from a plaintiff's cause of action without prejudice, allowing for the possibility of re-filing in the future. Each party is responsible for their own costs.

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Click ‘Get Form’ to open the motion aside judgment document in the editor.
Begin by filling in the 'PLAINTIFFS' and 'DEFENDANTS' sections with the appropriate names. Ensure accuracy as these details are crucial for identification.
In the 'NO.' field, enter the case number assigned to your motion. This helps in tracking and referencing your case effectively.
Proceed to the section that states 'THIS CAUSE having come on for hearing...' Here, you may need to provide additional context or details regarding the motion being filed.
Fill in the blank spaces where it mentions 'defendant,' ensuring you specify who is being dismissed from the action without prejudice.
Complete the date fields at the bottom of the form, indicating when this order is being finalized.
Finally, ensure that you sign where indicated as 'CIRCUIT JUDGE' and have it approved as to form if necessary.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

What happens if a judgment is set aside?

If this happens, you will hear back from the court that the judgment has been set aside. If the judgment is set aside by the court, this means that the proceedings go back to the claim stage, and any enforcement action is also cancelled.

What happens when a decision is set aside?

When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate. The phrase is often used in the context of appeals, when an appellate court invalidates the judgment of a lower court.

What does it mean to set aside a judgment?

In a few situations, a judge can cancel or undo an order or judgment in your family law case. This is called a set-aside.

How to respond to a motion to set aside judgment?

To oppose a motion to set aside a default judgment, file a written response called an opposition or motion to deny. Include facts showing the defendant was properly served and failed to respond despite notifications. Cite relevant court rules and emphasize prejudice caused by reopening the case.

What does a motion to set aside judgment mean?

A set aside in simple terms means that a court vacates or voids a prior order, as if the order never existed. Before a court will set aside a judgment or order, there must be a clear statutory basis for the set aside, and facts that warrant the order vacated.

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What does it mean to set a judgement aside?

If the judge grants your motion and sets aside the default judgment, any money taken from you should be returned (unless the judge orders something different). The case is not over though. Once the judgment is set aside, the case starts up again.