Judgments

Question 1

Offer of Judgment Timeframe

Answer 1

Defendants may serve plaintiffs w/ a formal offer of judgement at least 14 days before trial; plaintiff then has 14 days to respond; plaintiff who fails to accept will be sanctioned unless they do better than the offer at trial

Question 2

Offer of Judgment

Answer 2

Essentially a formal offer to settle the case

Question 3

Default Judgments

Answer 3

Defendants are in default if they fail to respond to a complaint in a timely manner:

-within 21 days of service or
-if they waive formal process, within 60 days (if in US) or 90 days (If outside US)

Question 4

Once a default is entered against a party, the plaintiff may seek a ?

Answer 4

default judgment.

-if damages are certain, plaintiff may request the clerk enter judgement in that amount

-if damages are uncertain, plaintiff must apply for default and prove damages at a hearing in which the defendant must have a 7 days notice

Question 5

Motion to set aside entry of default

Answer 5

Within a reasonable time of the entry of default, the defendant may file a motion to set aside the default (granted on good cause shown)

Question 6

Motion for relief from a judgment: grounds for relief

Answer 6

-Merits (merit to a claim/defense but claim lost due to mistake, surprise, neglect, etc)

-Equity (inequitable to let the judgment stand in the wake of fraud, misrepresentation, etc)

-New facts (new facts have come to light since the judgment that cast doubt on that judgment and could not be earlier discovered with reasonable diligence)

Question 7

Time limit for motion for relief from a judgment

Answer 7

Certain grounds must be filed within a reasonable time not exceeding 1 year after the judgment has been entered