The Indiana Verified Motion to Set Aside Default Judgment and Order (PDF) is a legal document used in Indiana courts to set aside a default judgment. The motion is used when a party to a civil lawsuit has failed to appear or respond to the lawsuit in a timely manner, resulting in a default judgment being entered against them. The motion must be verified by the party filing the motion, meaning that they must swear or affirm that the facts stated in the motion are true and correct. The motion must be filed with the court and served on the other parties to the lawsuit. There are two types of Indiana Verified Motion to Set Aside Default Judgment and Order (PDF): one for general civil cases and one for small claims cases. The general civil motion must be accompanied by an Affidavit of Merit, which must be filed with the court and served on the other parties. The small claims motion must be accompanied by a List of Witnesses, which must also be filed with the court and served on the other parties. Both motions must include a statement of the facts of the case and the grounds for setting aside the default judgment.
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FAQ
MOTION FOR RULE TO SHOW CAUSE AND ORDER TO APPEAR Hearing or other hearing and that the Defendant failed to appear and comply with the Court Order to Appear. That the court should issue order for the judgment debtor to appear and show cause why they should not be held on contempt for failing to appear.
Rule 55 - Default (A) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise comply with these rules and that fact is made to appear by affidavit or otherwise, the party may be defaulted by the court.
The court must set aside a default judgment if you: have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment; sent back the acknowledgment of service form within the time limit; put in a defence within the time limit; or.
If a defendant has failed to timely file an answer, to appear when summoned, or otherwise fail to plead, the plaintiff may file a request for a default judgment in their favor.
It is a court judgment awarding a plaintiff the relief sought in the complaint because the defendant has failed to appear in court or otherwise respond to the complaint.
Filing requirements Motion must be signed by the filing party. Motion must clearly state which party is being dismissed. The Motion must contain a Certificate of Service. It is not necessary to upload a proposed order - the court will prepare one.
If the opposing party objects to the Motion for Summary Judgment, they have 28 days from the date of service of the Motion for Summary Judgment to file a response brief supporting their opposition. This must be filed using the Brief event, not the Response event.
Under T.R. 53.2, if a judge takes a cause tried to the court under advisement and fails to determine any issue of law or fact within ninety (90) days of the submission of all pending matters, the case may be withdrawn from the judge. Ind.