This form is a sample letter in Word format covering the subject matter of the title of the form.
Default Prove Up Hearing With Motion In Salt Lake
Category:
State:
Multi-State
County:
Salt Lake
Control #:
US-0020LTR
Format:
Word;
Rich Text
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FAQ
If a motion for default is granted, it means that the court has determined that the opposing party has failed to respond or take action within the required time frame.
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 Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.
If the judge makes a decision without a hearing or if the judge or commissioner takes the matter under advisement, they will usually decide on the motion within 60 days after the motion was submitted.
A “motion for a continuance” is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be postponed to a later time. For most requests for continuances, you must provide the judge with a suitable reason (“good cause”) for postponing your court date.
During this hearing, the judge makes sure both your Los Angeles criminal defense lawyer and the prosecution are ready to proceed. The judge also hears any legal arguments related to the motion your lawyer has to make.
A party can ask to reschedule ("continue") an upcoming hearing or trial by filing a Motion to Continue Hearing or Trial. It is up to the commissioner or judge to decide if the hearing or trial will be rescheduled. If it is not rescheduled the parties should plan to attend the hearing or trial.
A defendant can challenge the entry of default by filing a motion pursuant to Federal Rule of Civil Procedure 55(c), which allows the court to set it aside for “good cause” shown. Under certain circumstances, the court is required to do so.
Contempt -- Action by court. If the court finds the person is guilty of the contempt, the court may impose a fine not exceeding $1,000, order the person incarcerated in the county jail not exceeding 30 days, or both.
