Request For Default Prove Up Hearing In Santa Clara
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FAQ
If you are asking the judge to set aside your default judgment: Because of your mistake, inadvertence, surprise, or excusable neglect, you must file your motion within six months after service of written notice of entry of the judgment.
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.
Otherwise, you'll usually need to attend a default hearing, where a judge will review your proposed divorce judgment and may ask some questions or request that you submit more information before making an official ruling.
This is the hearing where you would have to prove the damages you are claiming, including any special damages (wage loss, medical expenses, etc.) and general damages (emotional disstres and pain and suffering). In some ways, this hearing is just like trial testimony.
"Proving Up" ing to the Texas Young Lawyer's Pro Se Divorce Handbook, a "prove-up" is a short hearing in an uncontested divorce. At the prove-up, "you appear before the judge and give evidence and testimony as to the terms of your divorce."
up hearing in Texas is a court proceeding where the plaintiff presents evidence to prove their case, usually in uncontested matters or when seeking a default judgment.
Generally, if a defendant fails to respond to a complaint you can get a default judgment after 45 days. However, the court system is very slow these days and it can take several months to get the court to issue the default judgment.
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
