Letter Requesting Motion To Vacate Order Of Default Form In Queens
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A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.
Imagine you've taken someone to court, but they've ignored all proceedings. A motion for default judgment allows you to ask the court to automatically decide in your favor due to the other party's lack of response or action.
If the defendant has a valid reason for not responding, such as never being notified, they may file a motion asking the judge to set aside the default judgment. This is also called a motion for relief from default or a motion to vacate judgment.
In other words, an appeal asks a higher court to review the decision, and a Motion to Vacate asks the lower court to reconsider the case.
To vacate a default, your motion papers must show a good reason or excuse for your default and that your claims or defenses have legal merit. Whenever a motion is to be brought, the person filing the motion is called the moving party or the movant.
To stop the entry of a default or default judgment before it is entered, one generally has to file something in court. This can be an Answer, a Motion to Extend Time, a Motion to Quash Service of Process, or perhaps others. A motion will likely interrupt entry of a default, but a motion is merely a request.
On application a default judgment where the plaintiff has agreed in writing can be rescinded or varied. “On application” means that the applicant needs to serve on the plaintiff a copy of the application and file with the clerk of the court the application.
An appeal asks a higher court to change the decision made by a lower court. A Motion to Vacate asks the same court to cancel its decision, as if the case never happened.
To vacate a default judgment you should fill out an Order to Show Cause. An Order to Show Cause is a legal paper, signed by the judge, that orders the other side to appear in court and "show cause," that is, give a good reason, why the judgment should not be vacated.
To vacate a default, your motion papers must show a good reason or excuse for your default and that your claims or defenses have legal merit. Whenever a motion is to be brought, the person filing the motion is called the moving party or the movant.
