Matter relating merely to the conduct of a pending proceeding or to the designation of the issues involved, which affects only the rights or convenience of the parties and does not involve any interference with the duties and functions of the court, may be the subject of a stipulation.
Guam Stipulation for Setting Aside Default Judgment and Permitting Answer is a legal document that outlines the terms and conditions under which a default judgment can be set aside, and the defendant is given the opportunity to submit an answer to the allegations made against them. This stipulation is particularly important in cases where a defendant fails to respond to a complaint or fails to appear in court. Setting aside a default judgment is a legal remedy available to a defendant who can prove that they have a valid excuse for their failure to respond or appear. By filing a stipulation, the defendant acknowledges their failure and seeks the court's permission to set aside the default judgment. This permits them to present their defense and argue their case. There are several types of Guam Stipulation for Setting Aside Default Judgment and Permitting Answer, including: 1. General Stipulation: This stipulation is commonly used when a defendant wants to set aside a default judgment and provide an answer to the plaintiff's claims. It outlines the reasons for the defendant's failure to respond, assures the court of their commitment to defend the case, and proposes a timeline for filing their answer. 2. Stipulation for Excusable Neglect: In cases where a defendant's failure to respond or appear was due to excusable neglect, such as a misunderstanding of the legal process or an unavoidable circumstance, this type of stipulation is used. The defendant presents relevant evidence to support their claim of excusable neglect and requests the court to set aside the default judgment. 3. Stipulation for Newly Discovered Evidence: If the defendant can demonstrate that there is newly discovered evidence that could potentially change the outcome of the case, this stipulation is appropriate. The defendant must provide a clear explanation of the circumstances of the discovery of new evidence and its relevance to the case. They also request the court to set aside the default judgment to allow the introduction of this evidence in their defense. 4. Stipulation for Fraud, Misrepresentation, or Duress: In situations where the defendant can prove that they were subjected to fraud, misrepresentation, or duress that led to their failure to respond or appear in court, this stipulation is pursued. The defendant presents detailed evidence to support their claims and seeks the court's permission to set aside the default judgment. It is important to note that each stipulation must be supported by valid grounds and convincing evidence. The court has the discretion to accept or deny the stipulation based on the merits of the case and the defendant's ability to demonstrate a valid excuse for their default.
