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To set aside a default judgment, the defendant must demonstrate that its failure to answer or otherwise appear and defend was due to excusable neglect under the circumstances and that it has a meritorious defense either to the cause of action itself or the quantum of damages assessed.
Rule 4.4 - Respect for Rights of Third Persons (a) In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.
If a party receiving full satisfaction of a judgment fails to enter satisfaction on the record or deliver a warrant to satisfy, the court may on motion by the party making satisfaction, order satisfaction of the judgment to be entered of record.
. A party seeking any affirmative relief may, at any time after the expiration of 35 days from the service of the pleading claiming such relief, move for a summary judgment or order on all or any part thereof or as to any defense.
This Note explains who may file a motion to dismiss, when they may file the motion, and the available defenses (grounds) to assert, including lack of subject matter or personal jurisdiction, insufficient process or service of process, failure to state a claim on which relief may be granted, and failure to join a ...
When any document or paper is referred to in a pleading but is neither annexed thereto nor recited verbatim therein, a copy thereof shall be served on the adverse party within 5 days after service of his written demand therefor.
A party opposing a motion for summary judgment must file a written responding statement admitting or disputing each of the facts in the moving party's statement. N.J.R. -2 (a) (amended eff 9/1/22); N.J.R. -2 (b) (amended eff 9/1/16).