How would I request a new trial if a judgement has been entered because I missed court?
Full Question:
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.
An answer is a legally sufficient response to the allegations that have been alleged against you in the complaint. The answer will generally either admit or deny each claim made by paragraph, or state an inability to admit or deny for lack of knowledge. Defenses may also be raised. A counterclaim or cross claim may also be asserted.
I emailed you I previously to ask about the general nature of the complaint so that I may try to narrow down a suggested list of forms for you to look at. We can assist you with searching to locate forms or we can draft and 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. You can take a look at the answer 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.
