This case has been cited 2 times or more.
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2014-03-07 |
LEONEN, J. |
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| After notice of the declaration of default but before the court renders the default judgment, the defendant may file, under oath, a motion to set aside order of default. The defendant must properly show that his or her failure to answer was due to fraud, accident,[115] mistake[116] or excusable negligence.[117] The defendant must also have a meritorious defense. Rule 9, Section 3, paragraph (b) of the 1997 Rules of Civil Procedure provides: Section 3. Default; declaration of. x x x x | |||||
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2014-03-07 |
LEONEN, J. |
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| The general rule is that courts should proceed with deciding cases on the merits and set aside orders of default as default judgments are "frowned upon."[129] As much as possible, cases should be decided with both parties "given every chance to fight their case fairly and in the open, without resort to technicality."[130] | |||||