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.
Kentucky Stipulation for Setting Aside Default Judgment and Permitting Answer In Kentucky, a stipulation for setting aside default judgment and permitting answer is a legal document that allows a defendant who has had a default judgment entered against them to request the court to set aside the judgment and allow them to file an answer to the plaintiff's complaint. This stipulation provides an opportunity for the defendant to present their defense and have their case heard on its merits. There are different types of stipulations for setting aside default judgment and permitting answer in Kentucky, depending on the specific circumstances of the case. Some common variations include: 1. Stipulation based on excusable neglect: This type of stipulation is used when the defendant can establish that the failure to timely file an answer or respond to the plaintiff's complaint was due to excusable neglect, such as reasonable mistake or unavoidable circumstances. 2. Stipulation based on lack of proper service: If the defendant can show that they were not properly served with the initial complaint or summons, they may request the default judgment to be set aside and file an answer to the plaintiff's allegations. 3. Stipulation based on newly discovered evidence: In cases where the defendant has obtained new evidence that was not available at the time the default judgment was entered, they can file a stipulation for setting aside the judgment and permitting an answer to introduce this evidence and present their defense. 4. Stipulation based on fraud or misrepresentation: If the defendant can demonstrate that the plaintiff obtained the default judgment through fraud or misrepresentation, they may request the court to set aside the judgment and allow them to file an answer to challenge the allegations made against them. When drafting a stipulation for setting aside default judgment and permitting answer in Kentucky, it is essential to include pertinent information such as the case number, the parties involved, the reason for the default judgment, and the grounds for seeking to set it aside. The stipulation should also provide a detailed explanation of the defendant's defense and any supporting evidence, if applicable. It is crucial for defendants in Kentucky to consult with an experienced attorney when preparing a stipulation for setting aside default judgment and permitting answer. An attorney can ensure that all relevant legal requirements are met and increase the chances of the court granting the stipulation, allowing the defendant to have their day in court and have their case heard on its merits.
