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Archive for the ‘Default Judgment’ Category

A trial court mistakenly exercises its discretion when it decides a motion based on a factually incorrect basis

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September 17, 2013 at 5:47 pm

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The Due Process Clause of the Fourteenth Amendment required that a default judgment be vacated when the service upon a defaulting defendant was ineffective, even if the defendant lacked a meritorious defense

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February 26, 2013 at 7:30 am

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A defendant seeking to reopen a default judgment because of excusable neglect must show that the neglect to answer was excusable under the circumstances and that he has a meritorious defense

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January 10, 2013 at 11:08 am

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The court may render a judgment by default against a disobedient party, as a sanction for non-compliance with court orders

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October 2, 2012 at 12:53 pm

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In those cases where equitable distribution, alimony, child support and other relief are sought, and a default has been entered, the plaintiff shall file and serve on the defaulting party a Notice of Proposed Final Judgment, not less than 20 days prior to the hearing date

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October 2, 2012 at 12:50 pm

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Even though a defendant who has defaulted has relinquished the right to present affirmative proofs in the matter, the right to challenge a plaintiff’s showings in a proof hearing by way of cross-examination and argument should not ordinarily be precluded

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September 12, 2012 at 3:00 pm

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Excusable neglect has been defined as carelessness, attributable to an honest mistake that is compatible with due diligence and reasonable prudence

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August 30, 2012 at 4:08 pm

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In most default cases, the matter should proceed to a plenary hearing where defendants’ counsel and the law guardian shall have an opportunity to cross-examine DYFS’s witnesses

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July 27, 2012 at 12:40 pm

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Failures to file responsive pleadings or to appear when required to litigate the matter are straightforward examples of when default is properly entered

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July 27, 2012 at 12:37 pm

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A judgment by default is not favored in divorce suits

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July 16, 2012 at 5:48 pm

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