Where do I file a petition for relief from judgment?
Where do I file a petition for relief from judgment?
Under Section 1, Rule 38 of the 1997 Rules of Civil Procedure, a petition for relief from judgment may be filed on the ground of fraud, accident, mistake, or excusable negligence: Section 1. Petition for relief from judgment, order, or other proceedings.
What is relief from judgment?
“The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ.
What is excusable neglect in law?
Excusable neglect is a term associated with proceedings, notably in bankruptcy cases, that includes inadvertence, mistake, carelessness, or any intervening circumstances beyond a party’s control. A court has the direction to allow a party to file a motion after the deadline if it finds excusable neglect.
What is petition for relief?
A petition for mitigation or remission (i.e., a petition for relief from some decision) is one way of administratively challenging certain decisions made by U.S. Customs & Border Protection when Customs seizes merchandise and or imposes a penalty, or liquidated damages.
What is a petition for extraordinary relief?
A Petition for Extraordinary Relief can be filed when there is no other plain, speedy and adequate remedy available to a person. Most States have specific rules regarding how a petition for extraordinary relief is to be filed. …
What does I ask the court for general relief mean?
General Relief is basically asking for whatever general help the Court may grant. It is a way to ask for the basic relief everyone should ask for if they somehow forget to ask for the specific relief they should be asking for. The Courts are not permitted by law to give legal advice.
What does general denial mean in a divorce petition?
A general denial answer is when you simply “answer” your spouses’ requests and demands. For example, if they requested a certain amount of child support each month but you don’t agree to the amount, you will file a general denial answer, requesting evidence or reasoning for their demand.
