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.
Montana Stipulation for Setting Aside Default Judgment and Permitting Answer
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Multi-State
Control #:
US-01526BG
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Word;
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FAQ
Application to set aside ex-parte decree: It can be entertained on the two grounds: Where summon was not served. Defendant was prevented from appearing without sufficient cause.
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 you never knew you were being sued, and motion for default judgment is filed against you, you should respond with a Motion to Vacate Judgment, also known as a Motion to Set Aside Judgment.
If the Defendant does not file a proper written answer within 20 days, Plaintiff is entitled to a Default Judgment. It is the Plaintiff's responsibility to file a written motion for a Default Judgment and attach an Affidavit of Amount Due. A judgment fee is not required for a Default Judgment.
The local attorney must file a notice of appearance in the case in which you seek to appear. This notice of appearance informs the court that you are making an application to the Montana Bar to appear pro hac vice. The Montana court rule requires local counsel to be at least minimally involved in the case.
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.
Typically, the default process begins when the defendant has not responded to a properly served summons and complaint.