Motion to Vacate Judgement

[jeraphae]

What is the name of your state (only U.S. law)? CA

The defendent did not show at the hearing and so a default judgement was issued. Now he filed a "Motion to Vacate" based on no service of the subpoena. He was properly served but we did not serve a copy of the subpoena... is this a justifiable reason to vacate the case? What are the chances the judge will vacate the case based on this reason? Does the judge decide before the new court date OR at the court date whether he will hear the case again?

 

[CourtClerk]

What kind of case was this? In what area of litigation?

 

[sandyclaus]

What is the name of your state (only U.S. law)? CA

The defendent did not show at the hearing and so a default judgement was issued. Now he filed a "Motion to Vacate" based on no service of the subpoena. He was properly served but we did not serve a copy of the subpoena... is this a justifiable reason to vacate the case? What are the chances the judge will vacate the case based on this reason? Does the judge decide before the new court date OR at the court date whether he will hear the case again?

When the defendant doesn't show, it's not an automatic win for the plaintiff. He still has to show the judge why he is entitled to receive a judgment against the defendant according to their interpretation of the law as it applies to the case.

What evidence was the subpoena supposed to produce? Did the lack of that specific evidence influence the judge to rule in your favor? Or did it even come up at all? Would the judge have ruled the same way if the defendant had shown up in court despite the lack of that evidence?

If the subpoenaed evidence would have made a difference in the judge's decision, chances are that the motion to vacate judgment could be granted on that basis alone.

Still, though, the defendant did fail to appear to defend himself, and from what you said, there was no excuse given for not being in court. Had he appeared, and the evidence sought by the subpoena was an issue, then he could have brought that up at the hearing.

Does this help?