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Motion to Set Aside

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lisagr33

Member
What is the name of your state? TN

It's been a while since I posted but I need some help. My ex husband moved out of state to SC back in 2005. In 2006 we went to court to have a new parenting plan and order laid out. My attorney had the order prepared and sent it to my ex's attorney. Because my ex was not happy with some of the wording of the order (SM not allowed to be called any variant of the word mom according to the judge), my ex refused to sign it. Ex's attorney told my attorney to go ahead and file the paperwork as is using a Rule 58. The new order was signed and filed in December 2006. My ex's attorney will not admit to the fact that he told my attorney to file the order as prepared. Yet the Motion to Set Aside has never been filed according to my attorney.

My question is this. Is there a time limit for the Motion to be filed? I have googled and for some reason or another can't seem to find anything today. Help!
 


GrowUp!

Senior Member
What is the name of your state? TN

It's been a while since I posted but I need some help. My ex husband moved out of state to SC back in 2005. In 2006 we went to court to have a new parenting plan and order laid out. My attorney had the order prepared and sent it to my ex's attorney. Because my ex was not happy with some of the wording of the order (SM not allowed to be called any variant of the word mom according to the judge), my ex refused to sign it. Ex's attorney told my attorney to go ahead and file the paperwork as is using a Rule 58. The new order was signed and filed in December 2006. My ex's attorney will not admit to the fact that he told my attorney to file the order as prepared. Yet the Motion to Set Aside has never been filed according to my attorney.

My question is this. Is there a time limit for the Motion to be filed? I have googled and for some reason or another can't seem to find anything today. Help!
Have you tried here?:
http://www.tsc.state.tn.us/opinions/tsc/RULES/TNRulesOfCourt/02civp.htm

The time limit to file one has long passed.
 

lisagr33

Member
Sorry that I have not gotten back to you. Apparently his attorney did file a Motion to Set Aside on January 19, 2007. The order was signed December 20, 2006.

However, his attorney has never set a court date for the Motion to be heard. I spoke with my attorney and he has talked about filing a Motion for contempt and a Motion to Modify. I don't know what to think.

Suggestions?
 

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