Can I File A Motion To Set Aside A Restraining Order

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How To Set Aside (Cancel) A Family Law Order …


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2 hours agoTo ask a court to set aside (cancel) a court order or judgment, you have to file a “request for order to set aside,” sometimes called a “motion to set aside” or “motion to vacate.”. The terms “set aside” or “vacate” a court order basically mean to “cancel” or undo that order to start over on a particular issue.

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Change Or End A Restraining Order Dv_abuse_selfhelp


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2 hours agoIf you want to change (modify) or end (terminate) any of the orders made by the court in the Restraining Order After Hearing (CLETS - OAH) (Form DV-130) you have to file a request in court before date that the Restraining Order expires.You can do this if you are the person protected by the order or the person restrained by the order.

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Motion To Set Aside Restraining Order Legal Answers Avvo


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4 hours agoMotion to set aside restraining order. I have overwhelming evidence to show an R.O was obtained by fraud. Three of the "protected" individuals didn't live with the false accuser and the lawyer didn't even sign the T.R.O, when she was listed as the party, who filed it. 2 years have passed and now witnesses exist in every "incident" to show that all her allegations and those of the witnesses she

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Setting Aside An Order Monmouth County Domestic Violence


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1 hours agoSetting Aside a Monmouth County Domestic Violence Restraining Order. In New Jersey, a final restraining order is considered permanent unless either the victim or the person under the order goes to family court to have it either dissolved or modified. However, before doing so, …

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How To File A Motion To Set Aside Judgment (with Pictures)


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9 hours agoIdentify your reasons for bringing the motion. After reading the relevant rule, see if the rule applies to your situation. For example, in federal court, you can file a motion to set aside judgment for the following reasons: Mistake, surprise, excusable neglect, or inadvertence.

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1 Research Guide: Motion To Set Aside Default When Service


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3 hours agowrit of possession before your full motion to vacate default judgment can be heard.) California Points & Authorities, vol. 7, ch.70, Defaults, Default Judgments, and Relief from Judgments and Orders, Matthew Bender. (includes sample forms) Motion to Vacate a Default Judgment or Set Aside a Dismissal, San Diego Law Library,

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EX PARTE REQUESTS FOR TEMPORARY RESTRAINING ORDERS …


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8 hours agoA temporary restraining order (“TRO”) is an emergency (“ex parte”) court order prohibiting the defendant from taking some action. An ex parte order is only granted when: 1. Irreparable harm or immediate danger will occur before a standard motion for injunction can be heard (minimum of …

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County Court Restraining Orders


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8 hours agoA restraining order can do a lot morethan order the defendant not to harm you. It can it will be vacated or set aside. (This means the order is no longer in effect.) Therefore, If the police and prosecutor decide not to file charges, you can file a motion for contempt with the court that

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Court Refuses To Set Aside Restraining Order Gelman


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21.086.4178 hours ago

1. The parties, who never lived together, had one child. The father was in jail for almost the first two years of the child’s life. In June 2017, the court made a restraining order that prohibited the father from having any contact with the mother and the child. The father did not attend court that day. The father brought a motion to set aside the restraining order, or in the alternative, to have it terminated or changed so that he could have access to the child.
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Roswell GA Set Aside Of Prior Support Orders Attorney


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6 hours agoEssentially, a motion to set aside a court’s order asks the judge to make the order inoperative and thus return the case to where it was before the order was issued. This form of relief may be granted under certain conditions, and, in family law, a motion to set aside an order will often arise in …

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North Carolina Motion To Renew Or Set Aside Domestic


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1 hours agoMotion to Renew or Set Aside Domestic Violence Protective Order Notice of Hearing: This is an official form from the North Carolina Administration of the Courts - AOC, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.

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Responding To A Court Order For Eviction Civil Law Self


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9 hours agoFiling A Motion to Set Aside (Cancel) The Summary Eviction Order. A Motion to Set Aside (Cancel) Order for Summary Eviction allows the tenant to ask the court to "set aside" (annul or do away with) the eviction order based upon some legal reason why the order should never have been issued in the first place or has been satisfied.

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Restraining Orders Stanislaus Court


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1 hours agoRequests for Restraining Orders that are submitted by 8:45 a.m. are available for pick up the following court day from 2:30 p.m. - 3:00 p.m. at 1100 I Street, in the Family Law lobby, Window #1. After 3:00 p.m., the orders can be picked up on the following court day from the Family Law Clerk's Office located at 1100 I Street, Modesto, CA.

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Motion To Vacate A Restraining Order Based On False Statements


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6 hours agoMy question involves restraining orders in the State of: California, County of Alameda. I received great information from my previous thread but (there is always a but), since the ex gave false information, knowingly misled and/or fraudulently made false statements in court in order to obtain the restraining order, why won't the court accept any of the motions for retrial, set aside, vacate, etc.

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Colorado Judicial Branch Self Help Protection Orders


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8 hours agoIf you do file this form, it will become a part of the public record and will be served on the other party as a part of the Complaint/Motion. 5. File your documents with the court. 3. Filing Fees. The Court may charge a filing fee to the person seeking a Civil Protection Order. A filing fee is required except when the person seeking a

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Civil Harassment Restraining Orders Superior Court Of


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3 hours agoNOTICE: CIVIL RESTRAINING ORDERS . To have a Request for Temporary Restraining Order filed and heard by a judge on the same day, Petitioner must be in line with completed paperwork by 3:00 p.m., as per Code of Civil Procedure §527.6(e). (Completed is defined as meaning all names and information must be completed and match across all documents and be written in a clear legible manner so that

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Wilson V. G.C. & K.B. Investments, Inc. (Memorandum Opinion)


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7 hours agoOn February 23, 2001, Defendant filed an application for a temporary restraining order asking the district court to enjoin Plaintiffs' motion set for March 7, 2001 before the court. By civil minutes dated February 26, 2001, and entered on March 2, 2001, the district court granted this application for a temporary restraining order.

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How To Vacate A Judgment In California FizzLaw.com


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9 hours agoCode of Civil Procedure section 473(d) states that, “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.”

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How To: File A Restraining Order OnlineSOS


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8 hours agoFor a civil restraining order: You (or your attorney) file the request. You, or your attorney, can draft the terms of the proposed order you wish to get from the court, and specify that the order applies to online and offline behavior in that order. For a criminal restraining order: You may want to contact your county’s District Attorney’s

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MOTION TO/FOR REOPEN / REHEARING / VACATE / COMPEL


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3 hours agoSTEP 3 - Filing your motion Take the original set of completed and signed forms to the clerk on the 1st floor of the main courthouse and pay the filing fee, if applicable. If you are indigent, receive Food Stamps, Medicaid, or Social Security Disability benefits, you can ask the Clerk for an application to waive the filing

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Common Forms Packets Stanislaus Court


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3 hours agoCivil Harassment Restraining Order : Download: CV013 : Failure to Appear Notice : Download: APP PKT : Limited Civil Appeal Packet : Download: Stan - 250 : Mediator's Fee Statement and Order for Payment of Fee : Download: PKT : Motion to Set Aside Judgment after Trial : …

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Protective Order – 50B Enough NC


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2 hours agoIf you want to have contact again with the person who you currently have a DVPO against, the Administrative Office of the Courts provide a form for you to fill out and file with the clerk’s office called a “Motion to Set Aside a Domestic Violence Protective Order” (AOC-CV-313).

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Filing Motions To Resolve The Case Or Narrow Issues


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7 hours agoYou file a reply in support of your motion with the court. 7. The judge conducts a hearing and makes a decision. 8. The judge signs a written order granting or denying your motion. 10. You file the signed order with the court clerk. 11. You mail a notice of entry of the order to all the parties in the case.

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The Superior Court Of California


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Just NowMotion for Sealing of Arrest Record and Court File : LF-CRM-109: DA Response to Motion for Sealing of Arrest Record and Court File: Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me? Order After Hearing on Motion to Set Aside Judgment of Paternity: Request for Order.

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Motion To Set Aside Default & Judgment In Bankruptcy


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4 hours agoHow to File a Motion to Set Aside Clerk’s Entry of Default & Default Judgment in Bankruptcy Court (California, Ninth Circuit) Bankruptcy creditors, trustees and interested parties regularly file adversary complaints in bankruptcy cases in California and throughout the Ninth Circuit. Below you will find some of tips from a bankruptcy lawyer to set aside the default and a draft motion to be

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Civil FAQs Superior Court Of California County Of Fresno


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9 hours agoWhen a party applies to the court for an ex parte order to shorten the time for filing and service of notice of motion (See, CCP 1005), the request must be adequately supported by a declaration showing "good cause" to justify the relief. (CRC Rule 3.1300(b)).

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ExpressFilings.com Legal Documents, SelfHelp And Legal


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4 hours agoWe make it easier by providing you with all the forms and guidance you need to file for a restraining order quickly and effortlessly, and without the added expense of hiring an attorney. 84 Reviews. 1. Select a State. Tell us where you're filing so we can customize your documents. 2. Generate Your Documents. Fill out our form and submit payment.

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How To Get A Restraining Order In Florida Legal Guides


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9 hours agoIf the restraining order is granted, at any point in the future either the petitioner or the respondent can file a motion to remove the restraining order. Conclusion It is important to understand that this court hearing is treated just like a trial and thus the rules of evidence apply to all evidence including testimony and written documents.

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Court Forms: Immediate Restraining Order Wa


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5 hours agoAn ex parte order means the court can act the same day as the request is made, even without notice to the other spouse, if necessary to provide safety. A temporary order means a hearing is held first, with notice to the other party, and the order can stay in effect until your dissolution case is finalized (at which time the restraining order

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How To Modify A Restraining Order In California Legal Beagle


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2 hours agoDownload the necessary forms. The Family Law motion forms are available on the California Courts Self-Help Center website by selecting Family Law - Motions and Attachments for the group of forms (click on the link in the Resource section). To request a modification to an existing domestic violence restraining order, you need Form FL-300 Order to Show Cause and Form FL-310 Application for Order

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California Code, Code Of Civil Procedure CCP § 663a


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1 hours agoA motion to set aside and vacate a judgment is not determined within the meaning of this section until an order ruling on the motion is entered in the permanent minutes of the court, or signed by the judge and filed with the clerk. The entry of an order to set aside and vacate the judgment in the permanent minutes of the court shall constitute

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How To File A Restraining Order In Houston Texas Legal


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3 hours agoHow to File a Restraining Order in Houston Texas. You can ask the judge for a restraining order forbidding the other party from harming you or your property if you already have a lawsuit pending in Houston. You can apply for a restraining order by including a motion in your initial petition or you can file a separate motion with the court at

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Can A Restraining Order Be Issued In California


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4 hours agoHow to file motion to set aside Judge’s order? If you are thinking of filing a motion to set aside the judge’s order, ask to see if your local legal aid office can help. If not, your court’s self-help center may be able to help or guide you. If they do not help with evictions, talk to a lawyer.

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Local Forms California


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3 hours agoNotice to Defendant Re Extension of Time to File a Response (pdf ) RI-CI037: 07/2020: Civil: Order Fixing Time for Hearing Motion for New Trial (pdf ) RI-CI033: 07/2013: Civil: Order On Claim Of Right To Possession (pdf ) RI-CI034: 09/2012: Civil: Request to be Excused from Mandatory Electronic Filing Requirements and Order Thereon* (pdf ) RI

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Available Online Forms And Packets Washoecourts


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(888) 604-78889 hours agoPaying online for a case that has gone to warrant will not prevent you from being arrested. Please have the case number and the name of the defendant/party available for accurate processing of the online payment. By Phone. Phone payments can be made 24 hours a day, seven days a week by calling AllPaid at (888) 604-7888.

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Forms Hillsborough County Clerk


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1 hours agoIncome Deduction Order: see below for the Motion for Income Withholding Order (IWO) - formerly Income Deduction Order (Packet 43) A.O. S-2012-029 : Attachment A This form must be filed with any new cases to be set up through the Central Governmental Depository. Modify Child Support (Packet 3) [External website download link]

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Temporary Restraining Order (Civil) District Of Columbia


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5 hours agoTemporary Restraining Order (Civil) A Temporary Restraining Order (TRO) is part of a Civil case and lasts approximately 14 days. A judge can order a party to do or not do something for that brief period of time, including staying away from and/or having no contact with you.

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How To File A Harrassment Restraining Order


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1 hours agoA Harassment Restraining Order is an order issued by the court in order to keep the offender, or any person acting on his behalf, from contacting the victim in any way. The restraining order also keeps the offender from making physical contact with the victim. The offender is technically prohibited to go near the victim or remain at a prescribed distance away from the victim.

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Alabama Restraining Orders WomensLaw.org


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6 hours agoYou can file for an order if you are the victim of domestic abuse, as defined below, or if you have reasonable cause to believe that you are in immediate danger of becoming the victim of any act of abuse. 1 Alabama law defines “domestic abuse” for the purpose of getting a protection from abuse order as the occurrence (actual or attempted) of one or more of the following acts between a

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Setting Aside And Variation Of Judgments And Orders


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Just NowThe court may set aside or vary a judgment or order if a notice of motion for such an order is filed before the entry of the judgment or order sought to be set aside: r 36.16(1). Such an order is variously referred to as “recalling”, “reopening”, “reviewing” or “reconsidering” a judgment or order.

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How To Fight A False Allegation Restraining Order


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Just NowFirst, Understand the LawThe restraining order law is perhaps the second most unconstitutional abomination in our legal system, after our so-called child protection (DSS) laws. The restraining order process is designed to allow an order to be issued very easily, and to be appealed, stopped, or vacated only with the utmost difficulty.

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Florida Supreme Court Approved Family Law Form 12.980(j


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2 hours agoYou should then file the original with the clerk in the county where the original petition was filed and keep a copy for your records. You must file a motion for modification . before the previously entered order expires. If you have any questions or need assistance completing this form, the clerk or . family law intake staff . will helpyou.

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Motion To Quash Restraining Order


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Just NowMotion To Terminate Restraining Order. Motion Getallcourses.net Show details . 4 hours ago Motion To Modify Restraining Order (46 New Courses) Modify Newhotcourses.com Show details . 1 hours ago Restraining Orders: Can I File A Motion To Change Or . 5 hours ago To modify (change) your order, go back to the court where you got it and file a petition with the clerk.The judge can modify or

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DOMESTIC RELATIONS COURT


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9 hours agoIt must be signed by the court reporter and filed with the Clerk of Courts whenever filing an objection to a magistrate's decision or a motion to set aside a magistrate's order. Notice of Intent to Relocate (PDF) - This form is used when a residential parent plans to move outside of Summit County with the children.

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Restraining Orders Without My Consent


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6 hours agoTo summarize, once you receive a domestic violence restraining order from the judge, give a copy of your restraining order to the local police, and keep a copy with you at all times. If there is a violation, call the police, file a police report, and report the violation to the court.

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Restraining Order Template Fill Out And Sign Printable


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9 hours agoRestraining Order Form. Fill out, securely sign, print or email your restraining order pdf form instantly with SignNow. The most secure digital platform to get legally binding, electronically signed documents in just a few seconds. Available for PC, iOS and Android. Start a …

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Frequently Asked Questions

What happens when you file a restraining order?

Essentially, when you file a request for a restraining order, you're asking the court to order the other party to the lawsuit not to hurt you or your property. The court can issue a temporary restraining order to protect you until the time the court holds a hearing with notice to the other party.

How to cancel or set aside a court order?

To ask a court to set aside (cancel) a court order or judgment, you have to file a “request for order to set aside,” sometimes called a “motion to set aside” or “motion to vacate.” The terms “set aside” or “vacate” a court order basically mean to “cancel” or undo that order to start over on a particular issue.

Where do I go to get a restraining order?

Take your forms to the court clerk. Take your original plus copies of all your forms to the court clerk. The clerk will keep the original and return the copies to you, with a court date and time stamped on the first page of the Request for Order (Form FL-300).

How to file a motion to set aside an eviction order?

To file a Motion to Set Aside (Cancel) Order for Summary Eviction the tenant must: File a completed Motion to Set Aside (Cancel) Order for Summary Eviction form with the appropriate justice court.

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