Editing Motion to set aside judgment

{{Short description|Legal motion}}
{{Civil procedure (United States)}}
In [[law]], a '''motion to set aside judgment''' is an application to overturn or set aside a [[court]]'s [[Judgment (law)|judgment]], [[verdict]] or other final ruling in a case.<ref>{{Cite web |title=PART 13 – SETTING ASIDE OR VARYING DEFAULT JUDGMENT – Civil Procedure Rules |url=https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13 |access-date=2024-11-10 |website=www.justice.gov.uk |language=en-GB}}</ref><ref>{{Cite web |title=Setting aside and variation of judgments and orders |url=https://www.judcom.nsw.gov.au/publications/benchbks/civil/setting_aside_and_variation.html |access-date=2024-11-10 |website=www.judcom.nsw.gov.au}}</ref> Such a [[motion (legal)|motion]] is proposed by a party who is dissatisfied with the result of a [[Legal case|case]]. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has been closed by the courts. Generally the  motion cannot be based on grounds which were previously considered when deciding a motion for new trial or on an appeal of the judgment, thus the motion can only be granted in unusual circumstances, such as when the judgment was procured by [[fraud]] which could not have been discovered at the time of the trial, or if the court entering the judgment lacked the [[jurisdiction]] to do so.

Motions to set aside judgments entered in civil cases in the [[United States district court]]s are governed by Rule 60 of the [[Federal Rules of Civil Procedure]].  The rule is quite straightforward; its court room application is mostly exactly as stated.

Motions to set aside judgment in criminal cases are rare: in U.S. jurisprudence the writ of ''[[habeas corpus]]'' is the usual method of attacking a criminal conviction after the right of [[appeal]] has been exhausted.

==References==
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[[Category:Civil procedure]]
[[Category:Legal motions]]