I'm involved in a malpractice lawsuit where the judge initially granted a default in my favor because the defendant didn't show up to the CMC. Another CMC was scheduled for her to show cause as to why she did not show up. Her reasoning was for a scheduling mishap and the judge dismissed the default without taking into account that the defendant never filed an answer to the complaint (filed in April 2012), didnt show up to her deposition and refused to participate in discovery.
Do I have to fill out a pleading a motion or some type of form in order to have the judge reconsider the dismissal of the default based on these factors?
If an answer has been filed, your options are to get on with the case. If no answer has yet been filed, file your request to enter default. Your desire to set aside the dismissal of the default is the most unlikely of scenarios, since much is discretion is left to every judge in matters such as this.
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If defendant has not responded to the complaint, you can file another request to enter default. If a response has been filed and defendant did not respond to discovery your first step is to file a timely motion to compel. The judge will not reconsider his prior ruling. You have to have a present basis for entry of default or judgment.
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