Which form do I use to vacate a supreme court judgment done by default in a partition case?
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Answer:
A "default judgment" may be rendered against a party if it is the result of a party's failure to take a necessary step in the action within the proper time; this generally means a failure to plead or otherwise defend within the time allowed. Since, under rules of procedure, allegations not specifically denied are deemed admitted, failure to file a responsive pleading will generally result in the entry of a default judgment against the defendant. When a complaint is filed and the defendant fails to file an answer within the applicable time period, a default judgment may be entered against the defendant.
It is possible to file a motion to vacate a default judgment. You must have a good reason for not being able to attend the hearing, such as not being properly served or being ill. A supporting affidavit may be attached to the motion. Bring whatever evidence you can to the hearing to show why you were unable to come to court the first time. An example of what to bring might be a letter from a doctor or a hospital bill.
When a final order has been handed down in a case, it may be possible to file an appeal to have the decision vacated or reversed. The precise form to use and applicable procedure will depend on the nature of the case, such as whether it is a state of federal claim, whether it is a civil or criminal case, etc. Please see the statutes below to determine applicability. I am prohibited from giving legal advice. This service provides information of a general legal nature. Due to the legal complexities in appellate review, I suggest contacting a local attorney who can review all the facts and documents involved.
We can assist you with searching to locate forms or we can draft add forms you may need to our database. However, we cannot advise you to use one particular form over another that address the same matter. We can show you what is available. If you search for appeal for your
State there are 41 forms shown. You can take a look at the appeal forms and see if they fit your need. If they do not, let me know and we may be able to add a form for your need.
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