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New Trial Motion Guidance
Summary
In Colorado family law, C.R.C.P. 59 and 60(b)(2) can be used to request a new trial based on newly discovered evidence or fraud. File within 14 days for C.R.C.P. 59 or 182 days for C.R.C.P. 60(b)(2). Ensure the evidence is material and could not have been discovered earlier. Include affidavits to support your claims and emphasize the best interests of the child. Consider consulting a local attorney for personalized guidance.Full Conversation
is C.R.C.P. *, New Trials; Amendment of Judgments., Colo. Crim. P. *, New Trial.. relevant in family law?
Hi Ash,
C.R.C.P. * (not *) and Colo. Crim. P. * are generally not directly relevant to family law.
- **C.R.C.P. ***: Pertains to civil cases and includes motions for a new trial or to amend judgments.
- **Colo. Crim. P. ***: Pertains to criminal cases and motions for a new trial.
For family law matters, you'd typically refer to Colorado Rules of Civil Procedure specific to family cases.
Is there a specific family law issue you're dealing with?
C.R.C.P. * (not *) and Colo. Crim. P. * are generally not directly relevant to family law.
- **C.R.C.P. ***: Pertains to civil cases and includes motions for a new trial or to amend judgments.
- **Colo. Crim. P. ***: Pertains to criminal cases and motions for a new trial.
For family law matters, you'd typically refer to Colorado Rules of Civil Procedure specific to family cases.
Is there a specific family law issue you're dealing with?
how do i incorporate . Newly Discovered Evidence: Under C.R.C.P. *(d)(*), a new trial may be granted for newly discovered evidence that is material and could not have been discovered with reasonable diligence before the trial. The evidence that Mr. Olive lied about signing the VOP and knew he was not the father was not available to the Petitioner during the trial and has only recently come to light , if it was due to (*) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party
Hi Ash,
To incorporate newly discovered evidence under C.R.C.P. *(d)(*) in a family law case, you must:
- File a motion for a new trial based on newly discovered evidence.
- Show that the evidence is material and couldn't have been discovered with reasonable diligence before the trial.
- Prove that the evidence indicates fraud, misrepresentation, or misconduct by Mr. Olive.
Do you need guidance on how to file this motion?
To incorporate newly discovered evidence under C.R.C.P. *(d)(*) in a family law case, you must:
- File a motion for a new trial based on newly discovered evidence.
- Show that the evidence is material and couldn't have been discovered with reasonable diligence before the trial.
- Prove that the evidence indicates fraud, misrepresentation, or misconduct by Mr. Olive.
Do you need guidance on how to file this motion?
how would you phrase it in the motion?
Hi Ash,
To phrase it in the motion for a new trial based on newly discovered evidence under C.R.C.P. *(d)(*), you can use the following template:
---
**Motion for New Trial Based on Newly Discovered Evidence**
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
**Case Name:** [Your Case Name]
**Case Number:** [Your Case Number]
**Honorable Judge [Judge’s Name],**
I, [Your Name], am the Petitioner in the above-captioned case and respectfully move this Court for a new trial based on newly discovered evidence pursuant to Colorado Rules of Civil Procedure Rule *(d)(*).
*. **Newly Discovered Evidence:** Recently, it has come to my attention that Mr. Olive, the Respondent, lied about signing the Voluntary Acknowledgment of Paternity (VOP) and was aware that he was not the father. This evidence was not available to me during the trial and has only recently come to light.
*. **Material Evidence:** This newly
To phrase it in the motion for a new trial based on newly discovered evidence under C.R.C.P. *(d)(*), you can use the following template:
---
**Motion for New Trial Based on Newly Discovered Evidence**
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
**Case Name:** [Your Case Name]
**Case Number:** [Your Case Number]
**Honorable Judge [Judge’s Name],**
I, [Your Name], am the Petitioner in the above-captioned case and respectfully move this Court for a new trial based on newly discovered evidence pursuant to Colorado Rules of Civil Procedure Rule *(d)(*).
*. **Newly Discovered Evidence:** Recently, it has come to my attention that Mr. Olive, the Respondent, lied about signing the Voluntary Acknowledgment of Paternity (VOP) and was aware that he was not the father. This evidence was not available to me during the trial and has only recently come to light.
*. **Material Evidence:** This newly
include crcp 60b(*)
Hi Ash,
To include C.R.C.P. *(b)(*) in your motion, you can expand the motion template as follows:
---
**Motion for New Trial Based on Newly Discovered Evidence and Fraud**
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
**Case Name:** [Your Case Name]
**Case Number:** [Your Case Number]
**Honorable Judge [Judge’s Name],**
I, [Your Name], am the Petitioner in the above-captioned case and respectfully move this Court for a new trial based on newly discovered evidence pursuant to Colorado Rules of Civil Procedure Rule *(d)(*) and for relief from judgment pursuant to C.R.C.P. *(b)(*).
*. **Newly Discovered Evidence:** Recently, it has come to my attention that Mr. Olive, the Respondent, lied about signing the Voluntary Acknowledgment of Paternity (VOP) and was aware that he was not the father. This evidence was not available to me during the trial and has only
To include C.R.C.P. *(b)(*) in your motion, you can expand the motion template as follows:
---
**Motion for New Trial Based on Newly Discovered Evidence and Fraud**
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
**Case Name:** [Your Case Name]
**Case Number:** [Your Case Number]
**Honorable Judge [Judge’s Name],**
I, [Your Name], am the Petitioner in the above-captioned case and respectfully move this Court for a new trial based on newly discovered evidence pursuant to Colorado Rules of Civil Procedure Rule *(d)(*) and for relief from judgment pursuant to C.R.C.P. *(b)(*).
*. **Newly Discovered Evidence:** Recently, it has come to my attention that Mr. Olive, the Respondent, lied about signing the Voluntary Acknowledgment of Paternity (VOP) and was aware that he was not the father. This evidence was not available to me during the trial and has only
more
Hi Ash,
To further expand the motion template under C.R.C.P. *(d)(*) and C.R.C.P. *(b)(*), you can add the following details:
---
**Motion for New Trial Based on Newly Discovered Evidence and Fraud**
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
**Case Name:** [Your Case Name]
**Case Number:** [Your Case Number]
**Honorable Judge [Judge’s Name],**
I, [Your Name], am the Petitioner in the above-captioned case and respectfully move this Court for a new trial based on newly discovered evidence pursuant to Colorado Rules of Civil Procedure Rule *(d)(*) and for relief from judgment pursuant to C.R.C.P. *(b)(*).
*. **Newly Discovered Evidence:** Recently, it has come to my attention that Mr. Olive, the Respondent, lied about signing the Voluntary Acknowledgment of Paternity (VOP) and was aware that he was not the father. This evidence
To further expand the motion template under C.R.C.P. *(d)(*) and C.R.C.P. *(b)(*), you can add the following details:
---
**Motion for New Trial Based on Newly Discovered Evidence and Fraud**
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
**Case Name:** [Your Case Name]
**Case Number:** [Your Case Number]
**Honorable Judge [Judge’s Name],**
I, [Your Name], am the Petitioner in the above-captioned case and respectfully move this Court for a new trial based on newly discovered evidence pursuant to Colorado Rules of Civil Procedure Rule *(d)(*) and for relief from judgment pursuant to C.R.C.P. *(b)(*).
*. **Newly Discovered Evidence:** Recently, it has come to my attention that Mr. Olive, the Respondent, lied about signing the Voluntary Acknowledgment of Paternity (VOP) and was aware that he was not the father. This evidence
continue
Hi Ash,
Continuing from where we left off:
**Motion for New Trial Based on Newly Discovered Evidence and Fraud**
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
**Case Name:** [Your Case Name]
**Case Number:** [Your Case Number]
**Honorable Judge [Judge’s Name],**
I, [Your Name], am the Petitioner in the above-captioned case and respectfully move this Court for a new trial based on newly discovered evidence pursuant to Colorado Rules of Civil Procedure Rule *(d)(*) and for relief from judgment pursuant to C.R.C.P. *(b)(*).
*. **Newly Discovered Evidence:** Recently, it has come to my attention that Mr. Olive, the Respondent, lied about signing the Voluntary Acknowledgment of Paternity (VOP) and was aware that he was not the father. This evidence was not available to me during the trial and has only recently come to light.
*. **Material Evidence:** This newly discovered evidence is crucial to the
Continuing from where we left off:
**Motion for New Trial Based on Newly Discovered Evidence and Fraud**
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
**Case Name:** [Your Case Name]
**Case Number:** [Your Case Number]
**Honorable Judge [Judge’s Name],**
I, [Your Name], am the Petitioner in the above-captioned case and respectfully move this Court for a new trial based on newly discovered evidence pursuant to Colorado Rules of Civil Procedure Rule *(d)(*) and for relief from judgment pursuant to C.R.C.P. *(b)(*).
*. **Newly Discovered Evidence:** Recently, it has come to my attention that Mr. Olive, the Respondent, lied about signing the Voluntary Acknowledgment of Paternity (VOP) and was aware that he was not the father. This evidence was not available to me during the trial and has only recently come to light.
*. **Material Evidence:** This newly discovered evidence is crucial to the
does crcp * or crcp * timeline control
Hi Ash,
To determine which timeline controls, it's important to consider the specific rules under each:
- **C.R.C.P. ***: A motion under this rule must generally be filed within 14 days after the entry of judgment.
- **C.R.C.P. *(b)**: A motion for relief from judgment must be made within a reasonable time; for reasons like fraud (*(b)(*)), not more than 182 days after the judgment.
Do you need further clarification on these timelines?
To determine which timeline controls, it's important to consider the specific rules under each:
- **C.R.C.P. ***: A motion under this rule must generally be filed within 14 days after the entry of judgment.
- **C.R.C.P. *(b)**: A motion for relief from judgment must be made within a reasonable time; for reasons like fraud (*(b)(*)), not more than 182 days after the judgment.
Do you need further clarification on these timelines?
yes
Hi Ash,
To clarify the timelines:
- **C.R.C.P. ***: File within 14 days after the judgment.
- **C.R.C.P. *(b)(*)**: File within a reasonable time, not more than 182 days after the judgment.
Would you like to know how to proceed with filing within these timelines?
To clarify the timelines:
- **C.R.C.P. ***: File within 14 days after the judgment.
- **C.R.C.P. *(b)(*)**: File within a reasonable time, not more than 182 days after the judgment.
Would you like to know how to proceed with filing within these timelines?
if based on both reasons can it be rule *
Hi Ash,
Yes, you can base your motion on both newly discovered evidence and fraud under C.R.C.P. *(b)(*). Ensure you file within 182 days of the judgment. Would you like guidance on drafting the motion text?
Yes, you can base your motion on both newly discovered evidence and fraud under C.R.C.P. *(b)(*). Ensure you file within 182 days of the judgment. Would you like guidance on drafting the motion text?
yes
Hi Ash,
Here’s a detailed template for your motion under C.R.C.P. *(b)(*):
---
**Motion for Relief from Judgment Based on Newly Discovered Evidence and Fraud**
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
**Case Name:** [Your Case Name]
**Case Number:** [Your Case Number]
**Honorable Judge [Judge’s Name],**
I, [Your Name], am the Petitioner in the above-captioned case and respectfully move this Court for relief from judgment based on newly discovered evidence and fraud pursuant to Colorado Rules of Civil Procedure Rule *(b)(*).
*. **Newly Discovered Evidence:** Recently, it has come to my attention that Mr. Olive, the Respondent, lied about signing the Voluntary Acknowledgment of Paternity (VOP) and was aware that he was not the father. This evidence was not available to me during the trial and has only recently come to light.
*. **Material Evidence:** This newly discovered evidence is crucial to the outcome of the case
Here’s a detailed template for your motion under C.R.C.P. *(b)(*):
---
**Motion for Relief from Judgment Based on Newly Discovered Evidence and Fraud**
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
**Case Name:** [Your Case Name]
**Case Number:** [Your Case Number]
**Honorable Judge [Judge’s Name],**
I, [Your Name], am the Petitioner in the above-captioned case and respectfully move this Court for relief from judgment based on newly discovered evidence and fraud pursuant to Colorado Rules of Civil Procedure Rule *(b)(*).
*. **Newly Discovered Evidence:** Recently, it has come to my attention that Mr. Olive, the Respondent, lied about signing the Voluntary Acknowledgment of Paternity (VOP) and was aware that he was not the father. This evidence was not available to me during the trial and has only recently come to light.
*. **Material Evidence:** This newly discovered evidence is crucial to the outcome of the case
how does this look? To the Honorable Court,
COMES NOW the petitioner respectfully moves this Court for a new trial pursuant to Colorado Rules of Civil Procedure (C.R.C.P. ) * and *(b)(*). This motion is based on the grounds of fraud, misrepresentation, and newly discovered evidence, which materially affected the outcome of the original trial. Specifically, the respondent, Mr.Olive, lied about signing a Voluntary Acknowledgment of Paternity (VOP) and about knowing he was not the father, raising significant credibility concerns *-*-*.*. When determination of parentage is final - modifications - exceptions..*. In support of this motion, Petitioner states as follows:
*. Grounds for New Trial: Petitioner seeks a new trial on the grounds of newly discovered evidence and fraud, specifically that the respondent, Olive, lied about signing a Voluntary Acknowledgment of Paternity (VOP) and about knowing he was not the father of the child in question. This false testimony significantly impacts the credibility of the respondent and the integrity of the trial proceedings.
*. Newly Discovered Evidence: Under C.R.C.P. *(d)(*), a new trial may be granted for newly discovered evidence that is material and could not have been discovered with reasonable diligence before the trial. The evidence that Mr. Olive lied about signing the VOP and knew he was not the father was not available to the Petitioner during the trial and has only recently come to light. This newly discovered evidence is crucial to the outcome of the case
*. Fraud and Misconduct: According to *-*-*. Presumption of paternity., an acknowledgment of parentage may be challenged in court on the basis of fraud. The respondent's false testimony constitutes fraud, as he knowingly misrepresented his acknowledgment of paternity, which directly influenced the court's determination of parentage *-*-*. Presumption of paternity..
*. Credibility Concerns: The credibility of the respondent is crucial in paternity cases. The newly discovered evidence that Olive lied about his acknowledgment of paternity raises significant concerns about his overall credibility and the fairness of the trial. This aligns with the principles outlined in People v. McNeely, * P.3d *, where the court emphasized the importance of credibility and the potential impact of false testimony on the trial's outcome
*. Legal Standard: The motion for a new trial is supported by affidavits as required by C.R.C.P. *(d) and These affidavits detail the newly discovered evidence and the circumstances under which it was obtained, demonstrating due diligence and the materiality of the evidence to the case C.R.C.P. *, New Trials; Amendment of Judgments.
*. Pending Verification from State Department of Vital Records: The Petitioner has submitted a request to the state department of vital records to verify that the respondent did not sign the Voluntary Acknowledgment of Paternity (VOP). This verification is still pending and may provide additional evidence supporting the grounds for a new trial.
*. Pending Verification from UCHealth Memorial Hospital: The Petitioner has requested affidavits from UCHealth Memorial Hospital Central to detail that if the parents are married at the time of the child's birth, an acknowledgment of paternity would not be filed, as paternity is presumed. This request is still pending and may provide additional evidence supporting the grounds for a new trial.
WHEREFORE, Petitioner respectfully requests that this Court grant a new trial based on the newly discovered evidence of the respondent's false testimony and the resulting credibility concerns, in the interest of justice.
Respectfully submitted,
Hi Ash,
Your motion looks well-prepared. Here are a few suggestions to enhance clarity and ensure all necessary points are covered:
- Ensure consistency in referencing rules and statutes.
- Clearly state the relief sought at the end of each section.
- Use bullet points for readability if the court allows.
Example adjustment:
---
To the Honorable Court,
COMES NOW the petitioner respectfully and moves this Court for a new trial pursuant to Colorado Rules of Civil Procedure (C.R.C.P.) * and *(b)(*). This motion is based on fraud, misrepresentation, and newly discovered evidence, which materially affected the original trial outcome. Specifically, the respondent, Mr. Olive, lied about signing a Voluntary Acknowledgment of Paternity (VOP) and about knowing he was not the father, raising significant credibility concerns as per C.R.S. *-*-*.*.
In support of this motion, Petitioner states as follows:
*. **Grounds for New Trial**: Petitioner seeks a new trial on the grounds of newly discovered evidence and fraud, specifically that the respondent, Olive, lied about signing a VOP and about knowing he was not the father of the child in question. This false testimony significantly impacts the credibility of the respondent
Your motion looks well-prepared. Here are a few suggestions to enhance clarity and ensure all necessary points are covered:
- Ensure consistency in referencing rules and statutes.
- Clearly state the relief sought at the end of each section.
- Use bullet points for readability if the court allows.
Example adjustment:
---
To the Honorable Court,
COMES NOW the petitioner respectfully and moves this Court for a new trial pursuant to Colorado Rules of Civil Procedure (C.R.C.P.) * and *(b)(*). This motion is based on fraud, misrepresentation, and newly discovered evidence, which materially affected the original trial outcome. Specifically, the respondent, Mr. Olive, lied about signing a Voluntary Acknowledgment of Paternity (VOP) and about knowing he was not the father, raising significant credibility concerns as per C.R.S. *-*-*.*.
In support of this motion, Petitioner states as follows:
*. **Grounds for New Trial**: Petitioner seeks a new trial on the grounds of newly discovered evidence and fraud, specifically that the respondent, Olive, lied about signing a VOP and about knowing he was not the father of the child in question. This false testimony significantly impacts the credibility of the respondent
finish the motion
Sure, Ash. Here’s the continuation and the final part of your motion:
---
To the Honorable Court,
COMES NOW the petitioner respectfully and moves this Court for a new trial pursuant to Colorado Rules of Civil Procedure (C.R.C.P.) * and *(b)(*). This motion is based on fraud, misrepresentation, and newly discovered evidence, which materially affected the original trial outcome. Specifically, the respondent, Mr. Olive, lied about signing a Voluntary Acknowledgment of Paternity (VOP) and about knowing he was not the father, raising significant credibility concerns as per C.R.S. *-*-*.*.
In support of this motion, Petitioner states as follows:
*. **Grounds for New Trial**: Petitioner seeks a new trial on the grounds of newly discovered evidence and fraud, specifically that the respondent, Olive, lied about signing a VOP and about knowing he was not the father of the child in question. This false testimony significantly impacts the credibility of the respondent.
*. **Newly Discovered Evidence**: Under C.R.C.P. *(d)(*), a new trial may be granted for newly discovered evidence that is material and could not have been discovered with reasonable diligence before
---
To the Honorable Court,
COMES NOW the petitioner respectfully and moves this Court for a new trial pursuant to Colorado Rules of Civil Procedure (C.R.C.P.) * and *(b)(*). This motion is based on fraud, misrepresentation, and newly discovered evidence, which materially affected the original trial outcome. Specifically, the respondent, Mr. Olive, lied about signing a Voluntary Acknowledgment of Paternity (VOP) and about knowing he was not the father, raising significant credibility concerns as per C.R.S. *-*-*.*.
In support of this motion, Petitioner states as follows:
*. **Grounds for New Trial**: Petitioner seeks a new trial on the grounds of newly discovered evidence and fraud, specifically that the respondent, Olive, lied about signing a VOP and about knowing he was not the father of the child in question. This false testimony significantly impacts the credibility of the respondent.
*. **Newly Discovered Evidence**: Under C.R.C.P. *(d)(*), a new trial may be granted for newly discovered evidence that is material and could not have been discovered with reasonable diligence before
continue
the trial. The evidence that Mr. Olive lied about signing the VOP and knew he was not the father was not available to the Petitioner during the trial and has only recently come to light. This newly discovered evidence is crucial to the outcome of the case.
*. **Fraud and Misconduct**: According to C.R.S. *-*-*, an acknowledgment of parentage may be challenged in court on the basis of fraud. The respondent's false testimony constitutes fraud, as he knowingly misrepresented his acknowledgment of paternity, which directly influenced the court's determination of parentage.
*. **Credibility Concerns**: The credibility of the respondent is crucial in paternity cases. The newly discovered evidence that Mr. Olive lied about his acknowledgment of paternity raises significant concerns about his overall credibility and the fairness of the trial. This aligns with the principles outlined in People v. McNeely, * P.3d *, where the court emphasized the importance of credibility and the potential impact of false testimony on the trial's outcome.
*. **Legal Standard**: The motion for a new trial is supported by affidavits as required by C.R.C.P. *(d). These affidavits detail the newly discovered evidence
*. **Fraud and Misconduct**: According to C.R.S. *-*-*, an acknowledgment of parentage may be challenged in court on the basis of fraud. The respondent's false testimony constitutes fraud, as he knowingly misrepresented his acknowledgment of paternity, which directly influenced the court's determination of parentage.
*. **Credibility Concerns**: The credibility of the respondent is crucial in paternity cases. The newly discovered evidence that Mr. Olive lied about his acknowledgment of paternity raises significant concerns about his overall credibility and the fairness of the trial. This aligns with the principles outlined in People v. McNeely, * P.3d *, where the court emphasized the importance of credibility and the potential impact of false testimony on the trial's outcome.
*. **Legal Standard**: The motion for a new trial is supported by affidavits as required by C.R.C.P. *(d). These affidavits detail the newly discovered evidence
should i add in anything about i couldn't have found it because I was surprised during trial by the claim?
Hi Ash,
Yes, it's important to mention that you were surprised by the claim during the trial and could not have discovered the evidence with reasonable diligence. Here’s how you can add that to your motion:
---
To the Honorable Court,
COMES NOW the petitioner respectfully and moves this Court for a new trial pursuant to Colorado Rules of Civil Procedure (C.R.C.P.) * and *(b)(*). This motion is based on fraud, misrepresentation, and newly discovered evidence, which materially affected the original trial outcome. Specifically, the respondent, Mr. Olive, lied about signing a Voluntary Acknowledgment of Paternity (VOP) and about knowing he was not the father, raising significant credibility concerns as per C.R.S. *-*-*.*.
In support of this motion, Petitioner states as follows:
*. **Grounds for New Trial**: Petitioner seeks a new trial on the grounds of newly discovered evidence and fraud, specifically that the respondent, Olive, lied about signing a VOP and about knowing he was not the father of the child in question. This false testimony significantly impacts the credibility of the respondent.
*. **Newly Discovered Evidence**: Under C.R.C.P. *(d)(
Yes, it's important to mention that you were surprised by the claim during the trial and could not have discovered the evidence with reasonable diligence. Here’s how you can add that to your motion:
---
To the Honorable Court,
COMES NOW the petitioner respectfully and moves this Court for a new trial pursuant to Colorado Rules of Civil Procedure (C.R.C.P.) * and *(b)(*). This motion is based on fraud, misrepresentation, and newly discovered evidence, which materially affected the original trial outcome. Specifically, the respondent, Mr. Olive, lied about signing a Voluntary Acknowledgment of Paternity (VOP) and about knowing he was not the father, raising significant credibility concerns as per C.R.S. *-*-*.*.
In support of this motion, Petitioner states as follows:
*. **Grounds for New Trial**: Petitioner seeks a new trial on the grounds of newly discovered evidence and fraud, specifically that the respondent, Olive, lied about signing a VOP and about knowing he was not the father of the child in question. This false testimony significantly impacts the credibility of the respondent.
*. **Newly Discovered Evidence**: Under C.R.C.P. *(d)(
continue
*), a new trial may be granted for newly discovered evidence that is material and could not have been discovered with reasonable diligence before the trial. The evidence that Mr. Olive lied about signing the VOP and knew he was not the father was not available to the Petitioner during the trial and has only recently come to light. This newly discovered evidence is crucial to the outcome of the case.
*. **Fraud and Misconduct**: According to C.R.S. *-*-*, an acknowledgment of parentage may be challenged in court on the basis of fraud. The respondent's false testimony constitutes fraud, as he knowingly misrepresented his acknowledgment of paternity, which directly influenced the court's determination of parentage.
*. **Credibility Concerns**: The credibility of the respondent is crucial in paternity cases. The newly discovered evidence that Mr. Olive lied about his acknowledgment of paternity raises significant concerns about his overall credibility and the fairness of the trial. This aligns with the principles outlined in People v. McNeely, * P.3d *, where the court emphasized the importance of credibility and the potential impact of false testimony on the trial's outcome.
*. **Legal Standard**: The motion for a new trial is supported
*. **Fraud and Misconduct**: According to C.R.S. *-*-*, an acknowledgment of parentage may be challenged in court on the basis of fraud. The respondent's false testimony constitutes fraud, as he knowingly misrepresented his acknowledgment of paternity, which directly influenced the court's determination of parentage.
*. **Credibility Concerns**: The credibility of the respondent is crucial in paternity cases. The newly discovered evidence that Mr. Olive lied about his acknowledgment of paternity raises significant concerns about his overall credibility and the fairness of the trial. This aligns with the principles outlined in People v. McNeely, * P.3d *, where the court emphasized the importance of credibility and the potential impact of false testimony on the trial's outcome.
*. **Legal Standard**: The motion for a new trial is supported
continue
by affidavits as required by C.R.C.P. *(d). These affidavits detail the newly discovered evidence and the circumstances under which it was obtained, demonstrating due diligence and the materiality of the evidence to the case.
*. **Surprise at Trial**: The Petitioner was taken by surprise during the trial by the respondent’s claim regarding the Voluntary Acknowledgment of Paternity. Due to this unexpected testimony, the Petitioner was unable to foresee the need for and therefore did not have the opportunity to gather the evidence now presented.
*. **Pending Verifications**:
- The Petitioner has submitted a request to the state department of vital records to verify that the respondent did not sign the Voluntary Acknowledgment of Paternity (VOP). This verification is still pending and may provide additional evidence supporting the grounds for a new trial.
- The Petitioner has requested affidavits from UCHealth Memorial Hospital Central to detail that if the parents are married at the time of the child's birth, an acknowledgment of paternity would not be filed, as paternity is presumed. This request is still pending and may provide additional evidence supporting the grounds for a new trial.
WHEREFORE, Petitioner respectfully requests that this Court grant a new trial
*. **Surprise at Trial**: The Petitioner was taken by surprise during the trial by the respondent’s claim regarding the Voluntary Acknowledgment of Paternity. Due to this unexpected testimony, the Petitioner was unable to foresee the need for and therefore did not have the opportunity to gather the evidence now presented.
*. **Pending Verifications**:
- The Petitioner has submitted a request to the state department of vital records to verify that the respondent did not sign the Voluntary Acknowledgment of Paternity (VOP). This verification is still pending and may provide additional evidence supporting the grounds for a new trial.
- The Petitioner has requested affidavits from UCHealth Memorial Hospital Central to detail that if the parents are married at the time of the child's birth, an acknowledgment of paternity would not be filed, as paternity is presumed. This request is still pending and may provide additional evidence supporting the grounds for a new trial.
WHEREFORE, Petitioner respectfully requests that this Court grant a new trial
continue
based on the newly discovered evidence of the respondent's false testimony and the resulting credibility concerns, in the interest of justice.
Respectfully submitted,
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
---
Ash, this should complete your motion. Ensure all personal and case-specific details are accurately filled in. Best of luck with your case! If you need further assistance, let me know.
Respectfully submitted,
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
---
Ash, this should complete your motion. Ensure all personal and case-specific details are accurately filled in. Best of luck with your case! If you need further assistance, let me know.
should the "based on the newly discovered evidence of the respondent's false testimony and the resulting credibility concerns, in the interest of justice." say something about ensuring the best interests of the minor child?
Hi Ash,
Yes, mentioning the best interests of the minor child can strengthen your motion, as family courts prioritize children's welfare. Here’s a revised conclusion:
---
WHEREFORE, Petitioner respectfully requests that this Court grant a new trial based on the newly discovered evidence of the respondent's false testimony and the resulting credibility concerns. This is essential to ensure the best interests of the minor child and to serve the interest of justice.
Respectfully submitted,
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
---
This addition highlights the court's responsibility to consider the child's welfare. Best of luck with your case! If you need further assistance, feel free to ask.
Yes, mentioning the best interests of the minor child can strengthen your motion, as family courts prioritize children's welfare. Here’s a revised conclusion:
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WHEREFORE, Petitioner respectfully requests that this Court grant a new trial based on the newly discovered evidence of the respondent's false testimony and the resulting credibility concerns. This is essential to ensure the best interests of the minor child and to serve the interest of justice.
Respectfully submitted,
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
---
This addition highlights the court's responsibility to consider the child's welfare. Best of luck with your case! If you need further assistance, feel free to ask.
should it be a motion for a new trial or motion and affidavit?
Hi Ash,
In your situation, it would be prudent to file both a motion and an affidavit. Here’s a brief explanation:
- **Motion for New Trial**: This formally requests the court to grant a new trial based on newly discovered evidence and fraud.
- **Affidavit**: This provides sworn statements and necessary details to support your motion, demonstrating the evidence and circumstances under which it was obtained.
Would you like guidance on structuring the affidavit?
In your situation, it would be prudent to file both a motion and an affidavit. Here’s a brief explanation:
- **Motion for New Trial**: This formally requests the court to grant a new trial based on newly discovered evidence and fraud.
- **Affidavit**: This provides sworn statements and necessary details to support your motion, demonstrating the evidence and circumstances under which it was obtained.
Would you like guidance on structuring the affidavit?
yes
Hi Ash,
Here’s a structured template for your affidavit to support your motion for a new trial:
---
**Affidavit in Support of Motion for New Trial**
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
**Case Name:** [Your Case Name]
**Case Number:** [Your Case Number]
**Honorable Judge [Judge’s Name],**
I, [Your Name], being duly sworn, depose and state as follows:
*. **Personal Information**: I am the Petitioner in the above-captioned case. I reside at [Your Address] and am the [relationship to the child, e.g., mother/father] of [Child’s Name].
*. **Newly Discovered Evidence**: Recently, it has come to my attention that Mr. Olive, the Respondent, lied about signing the Voluntary Acknowledgment of Paternity (VOP) and was aware that he was not the father. This evidence was not available to me during the trial and has only recently come to light.
*.
Here’s a structured template for your affidavit to support your motion for a new trial:
---
**Affidavit in Support of Motion for New Trial**
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
**Case Name:** [Your Case Name]
**Case Number:** [Your Case Number]
**Honorable Judge [Judge’s Name],**
I, [Your Name], being duly sworn, depose and state as follows:
*. **Personal Information**: I am the Petitioner in the above-captioned case. I reside at [Your Address] and am the [relationship to the child, e.g., mother/father] of [Child’s Name].
*. **Newly Discovered Evidence**: Recently, it has come to my attention that Mr. Olive, the Respondent, lied about signing the Voluntary Acknowledgment of Paternity (VOP) and was aware that he was not the father. This evidence was not available to me during the trial and has only recently come to light.
*.
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**Material Evidence**: This newly discovered evidence is crucial to the outcome of the case, as it directly impacts the credibility of the Respondent and the fairness of the trial.
*. **Fraud and Misconduct**: The Respondent's false testimony constitutes fraud, as he knowingly misrepresented his acknowledgment of paternity, which directly influenced the court's determination of parentage.
*. **Surprise at Trial**: I was taken by surprise during the trial by the Respondent’s claim regarding the VOP. Due to this unexpected testimony, I was unable to foresee the need for and therefore did not have the opportunity to gather the evidence now presented.
*. **Pending Verifications**:
- I have submitted a request to the state department of vital records to verify that the Respondent did not sign the VOP. This verification is still pending and may provide additional evidence supporting the grounds for a new trial.
- I have requested affidavits from UCHealth Memorial Hospital Central to detail that if the parents are married at the time of the child's birth, an acknowledgment of paternity would not be filed, as paternity is presumed. This request is still pending and may provide additional evidence supporting the grounds for a new trial.
*. **Best Interests of the
*. **Fraud and Misconduct**: The Respondent's false testimony constitutes fraud, as he knowingly misrepresented his acknowledgment of paternity, which directly influenced the court's determination of parentage.
*. **Surprise at Trial**: I was taken by surprise during the trial by the Respondent’s claim regarding the VOP. Due to this unexpected testimony, I was unable to foresee the need for and therefore did not have the opportunity to gather the evidence now presented.
*. **Pending Verifications**:
- I have submitted a request to the state department of vital records to verify that the Respondent did not sign the VOP. This verification is still pending and may provide additional evidence supporting the grounds for a new trial.
- I have requested affidavits from UCHealth Memorial Hospital Central to detail that if the parents are married at the time of the child's birth, an acknowledgment of paternity would not be filed, as paternity is presumed. This request is still pending and may provide additional evidence supporting the grounds for a new trial.
*. **Best Interests of the
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Minor Child**: The newly discovered evidence and the respondent's false testimony significantly impact the determination of parentage, which is crucial for ensuring the best interests of the minor child involved.
*. **Conclusion**: Based on the above facts, I respectfully request that this Court grants a new trial to ensure a fair and just outcome in light of the newly discovered evidence and to serve the best interests of the minor child.
**Affiant**: [Your Name]
**Sworn to and subscribed before me this** [day] **of** [month], [year].
**Notary Public**
**My Commission Expires**: [date]
---
Ash, this affidavit complements your motion by providing the necessary sworn statements and details. Ensure all personal and case-specific information is accurately filled in. If you need further assistance, feel free to ask.
*. **Conclusion**: Based on the above facts, I respectfully request that this Court grants a new trial to ensure a fair and just outcome in light of the newly discovered evidence and to serve the best interests of the minor child.
**Affiant**: [Your Name]
**Sworn to and subscribed before me this** [day] **of** [month], [year].
**Notary Public**
**My Commission Expires**: [date]
---
Ash, this affidavit complements your motion by providing the necessary sworn statements and details. Ensure all personal and case-specific information is accurately filled in. If you need further assistance, feel free to ask.
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