Motion to Set Aside Law and Legal Definition

A motion to set aside or a motion to set aside judgment is a motion that asks the judge to set aside or nullify a judgment. It is a request to overturn or set aside a court's judgment, verdict, or other final ruling in a case. To file a motion to set aside judgment, the aggrieved party must specify mistakes, legal errors, or other factors of the first trial that justify the party’s redress.

This type of motion is proposed by a party who is dissatisfied with the end result of a case. It shall list out the full legal reasoning for such a request. The judge will consider the motion and then issue a ruling on the request. It is granted when:

1. the judgment was obtained by fraud, or

2. the court entering the judgment lacked the jurisdiction.