After an order has been entered in a hearing or trial, one party can file a motion for the court to set aside and reconsider the order. However, the party requesting the set aside must prove to the court that he or she has new evidence that the court did not consider at the time of trial. The new evidence should not be evidence which the party requesting the set aside was aware of or was available to that party at the hearing and before the order was made.
Code of Civil Procedure section 1008.(a): When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.
If you need a divorce lawyer in the Orange County area to discuss a procedural issue or a family law matter such as child support, custody, transmutation or property division, or spousal support, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.
Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County.
Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.
