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A judge can set aside a default judgment for the following reasons, among others: Mistake, inadvertence, surprise, or excusable neglect of the party who failed to defend himself in the case. Fraud, misrepresentation, or other misconduct by the party who filed the case.
She sets aside time for meditation every day synonyms: allow, appropriate, earmark, reserve. type of: allot, assign, portion. give out.
1 : to disagree with and overturn (a decision or act of a lower tribunal) upon review : overrule, vacate set aside the decree. 2 : to deprive of legal effect or force : annul, void may set aside the contract. More from Merriam-Webster on set-aside.
To ask a court to set aside (cancel) a court order or judgment, you have to file a request for order to set aside, sometimes called a motion to set aside or motion to vacate. The terms set aside or vacate a court order basically mean to cancel or undo that order to start over on a particular issue.
Exceptions to the Doctrine of Functus Officio However, there are instances where a judge may reconsider a decision. A judge can reconsider a finding of guilt after trial upon application to admit fresh evidence prior to a sentence being imposed.
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Setting aside a default judgment is a discretionary remedy based on facts and circumstances. Once granted, the defendant must seek to set aside the judgment before the appropriate motions judge.
When a court renders a decision of another court invalid, that verdict or decision is set aside; see also annul or vacate. The phrase is often used in the context of appeals, when an appellate court invalidates the judgment of a lower court.
You cannot appeal a decision if you filed the claim. You can only appeal the other partys claim. That means on the plaintiffs claim, the defendant may appeal a judgment against them.
A judge can set aside a default judgment for the following reasons, among others: Mistake, inadvertence, surprise, or excusable neglect of the party who failed to defend himself in the case. Fraud, misrepresentation, or other misconduct by the party who filed the case.
The principles in respect of the right of a court to set aside a default judgment is that unless and until the court has pronounced a judgment on merits or by consent it retains the power to set aside its own default judgement. The power to do so is discretionary and the discretion has to be exercised judiciously.

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