Motion to set aside 2026

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The document outlines a motion to set aside a default possession judgment in a landlord-tenant dispute. It requests the court to delay eviction proceedings until a hearing is held, with one month's rent deposited as part of the motion. The document includes instructions for filing the motion, serving it to involved parties, and details about the hearing process.

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Click ‘Get Form’ to open the motion to set aside in the editor.
Begin by entering the court number, case number, and the court's address and telephone number. Ensure these details match exactly as they appear on the default judgment.
Input the date when the default judgment was entered due to your failure to appear. If required, provide a written answer as it may be considered an appearance in some counties.
If you wish to delay eviction proceedings, check box 3 and deposit one month's rent along with your motion. Clearly state valid reasons for requesting a stay if you do not deposit rent.
Complete the form by signing and dating it. Make four copies of your filled-out motion.
File all copies of your motion with the court either in person or via first-class mail, including a self-addressed envelope for return copies.
After filing, serve a copy of the motion on the plaintiff or their attorney by first-class mail and complete the Certificate of Mailing at the bottom of your form.
Attend the hearing on your motion as scheduled. For further assistance, visit relevant legal resources online.

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What does it mean when a case is set aside?

What does Set aside mean? Cancelling a judgment or order or a step taken by a party in the proceedings.

What does it mean to set aside a motion?

A Motion to Set Aside Default or Judgment is used to ask the court to set aside or undo a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.

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 is the rule for set aside?

In general, if there are at least two small businesses that could do the work for a fair price, the contract should be set aside exclusively for small businesses to compete. If there are fewer than two, you may be authorized to create a sole-source contract, or otherwise you may offer it for full and open competition.

Is set aside the same as dismissed?

Vacating or setting aside is used when referring to nullifying a specific judgment from the judge (in this case, a guilty or no contest judgment). On the other hand, dismissing applies to the entire case. It means that the case is thrown out for reasons other than its factual merits.

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