Request For Default Prove Up Hearing In Georgia
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A default prove up is essentially a short court hearing where the individual seeking the divorce presents evidence to the judge. This is necessary because, in a default situation, the judgment is submitted without the agreement or participation of the other spouse.
At the hearing, the judge will decide to grant or deny the motion. If the judge grants your motion, the default or a default judgment will be set aside, and the case will move forward.
A default prove up is essentially a short court hearing where the individual seeking the divorce presents evidence to the judge. This is necessary because, in a default situation, the judgment is submitted without the agreement or participation of the other spouse.
If either party is dissatisfied with the judgment, that party may appeal (request a review of the judgment by a higher court). Either the state court or the superior court in the county will hear the appeal, and either party may request a jury trial. Appeals must be made within 30 days from the judge's decision.
What Happens After the Prove-Up Hearing. After the hearing, the judge will sign the Judgment for Dissolution of Marriage and the Allocation Judgment. The judge will then submit these documents to the clerk's office for entry into your case file.
A defendant who has a default judgment against them can apply to the court that issued the judgment to set it aside. If the court sets aside the judgment, it is as though the order was never made. The court still needs to deal with the claim.
The default may be opened as a matter of right by the filing of such defenses within 15 days of the day of default, upon the payment of costs.
§ 15-10-41(b)(2) provides: "No appeal shall lie from a default judgment or from a dismissal for want of prosecution after a nonappearance of a plaintiff for trial.
