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Motion to vacate

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bobgaudette

Junior Member
What is the name of your state? Rhode Island

I had filed a claim against a car wash for damage to my vehicle when they allowed the car behind mine to run into the rear end of mine. The defendant failed to show for the court date and I won on a default judgement. The defendant has filed a motion to vacate the verdict stating a misunderstanding of the court date.

My questions are:
1. Is this a legitimate excuss? I took the day off from work to go to the case only to have it set aside because they forgot to go?
2. Do I have to be at the motion to vacate hearing? Do I have to take another day off? And if the motion is granted will they set a third court date or hear the case right then and there?

Any help would be appreciated.
 


JETX

Senior Member
bobgaudette said:
1. Is this a legitimate excuss? I took the day off from work to go to the case only to have it set aside because they forgot to go?
Depends ENTIRELY on the discretion of the court.

Do I have to be at the motion to vacate hearing? Do I have to take another day off? And if the motion is granted will they set a third court date or hear the case right then and there?
Yes. It is not uncommon for the court, if they grant the motion, to hold the hearing right then at that time. However, the court could just as easily do any of the following:
1) Deny the defendants motion, or
2) Grant their motion and hold an immediate hearing, or
3) Grant their motion and schedule a hearing for another date.
 

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