Judgments Flashcards
Default Judgments
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.
Motions to Vacate Default Judgment
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.
Motion for Relief of Judgment
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.