Motion To Rescind Order for Summary Eviction

Service Description

Introduction

A Motion to Rescind Order for Summary Eviction is a legal document filed by a tenant or landlord seeking to overturn a summary eviction order issued by the court.

Requirements

To file a Motion to Rescind Order for Summary Eviction, you must have valid grounds such as new evidence, procedural errors, or other significant reasons that could change the court’s decision. The motion should include the case name and number, a statement of facts, legal arguments, and a request for relief.

How to Draft

Begin by clearly stating the case name and number, followed by a detailed statement of facts that outlines the situation and the summary eviction order. Next, present your legal arguments, citing any relevant laws, statutes, or case law that supports your position. If you have new evidence or information that was not available during the initial eviction proceedings, include that as well. Finally, clearly state what relief you are seeking from the court, such as overturning the eviction order or granting a new hearing.

Filing

Once the motion is drafted, it must be filed with the court that issued the summary eviction order. Ensure that you adhere to any filing deadlines or other procedural requirements set forth by the court.

Conclusion

In conclusion, filing a Motion to Rescind Order for Summary Eviction requires careful attention to detail and a thorough understanding of the legal process. By clearly stating the facts, presenting strong legal arguments, and following the proper filing procedures, you can increase your chances of having the summary eviction order overturned.