Judgments Flashcards

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1
Q

Default Judgments

A

Defendant will suffer default if defendant fails to respond to complaint within a timely manner:

Feds: 21 or 60 if waiver of formal process

Oregon: 30 days.

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2
Q

Motions to Vacate Default Judgment

A

Fed: File motion to vacate within reasonable time.

Oregon: file motion within reasonable time of judgment. Motion will be granted upon showing of good cause and upon filing a pleading showing valid defense on merits.

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3
Q

Motion for Relief of Judgment

A

Time Limit is 1 year after judgment

MEND: Merit, Equity, New Facts, Due Diligence.

Merit to your defense or claim.
Equity would be inequitable to allow judgment in wake of fraud or perjury.
New Facts - brand new facts come to light, casts doubt on that judgment.
Due Diligence - despite due diligence could not discover new facts until after judgment.

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