Thank you for choosing Just Answer. My name is XXXXX XXXXX X will assist you today.
I need a little more information.
What type of case do you have e.g. what is the case about ?
I would like a general answer, a non case related answer, if you don't mind. Those kind of answers are simpler for me to understand.
I will have to go to bed, have an early day tomorrow. I will look for your answer in the morning. Forgive me that I cannot reply back to new questions tonight.
In general once you have filed you motion and properly served the defendant the court can immediately issue an order for the damages you specified. Depending on how busy the Court is this can take a couple days to a couple weeks. You can call the Clerk's Office to see where your order is at, or you can call the Judges Clerk/Bailiff to see what the status is.
The Court can also decide to hold a hearing for you to prove your damages. After the hearing the Court will issue and order for the proven damages.
The defendant can file a motion to vacate the order, and a judge will schedule a hearing for the defendant to explain why the motion should be vacated and the defendant allowed to answer the complaint.
If a Court denies your motion they will typically give you a reason. I t will probably be terse saying something like "Failure to Serve Defendant", " Filing less than 14 days from answer due date", or may state hearing required.
As far as a procedure there is not much other than file the motion for default. There is more procedure surrounding vacating a motion for default.
Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).
Thank you for being patient with me yesterday, I had a 4am meeting.
Back to the question at hand, and thank you for your answer so far.
I filed a motion for default order on October 15. Later that same day I filed a motion for default judgment.
The defendant filed filed an objection to my motions, and at the same time he filed a rule 21 motion for me to make my complaint more definate and certain.
Yesterday I still had not received an answer. and thefore I went to the court and got the list of filings for the case. My motion for default order was listed on the listing as not having been filed. This morning I called the court and they confirmed that the judge had received my motion for order. I was told that it would not be ruled on till AFTER the hearing for the Rule 21 motion to make the complaint more definate and certain.
Now my question is; Is it normal procedure that a rule 21 motion filed AFTER my motion for Order of default is heard BEFORE my motion is ruled on?
It seems to me that my motion for order of default should stop the case and thus relieve me of having to file an answer to the rule 21 motion for making my complaint more definate and certain.
I am not in a hurry, and I can make my complaint more definate and certain.
My question is entirely asked to get an idea of what is the"normal" and whether I am getting biased treatment.
Everything I have read indicates that the judge will answer the motion for default order within a few days. The day I handed in the motion for default order the clerk told me that the judge would decide right away if I would wait. They instructed me to deliver it at the judges chambers, doing so I was told that the judge would look at it and get back to me. The judge never did get back to me.
I do not know this for certain, but have been told that the judge is a friend of the defendant. (this is a small town.)
Thank you for your thoughts on this.
Sorry for the delay in returning to this matter, I will certainly give you top ratings, I was very satisfied with the amount of time you already gave me.
I had follow up questions and did not have time/opportunity till today to get to a computer.
If it is OK here are my questions;
The rule 21 motion filed by the defendant was not related to the request for default order, the rule 21 motion was related to making the complaint more definite and certain.
Defendant responded to my motion for default order with a number of objections, the main objection being that he had talked to me on the phone the month before and had requested, at that time, that I make the complaint more definite. This reply is NOT named a rule 21 motion, is it still a rule 21 motion if this term is not used on the objections?
The reason I ask is that I may be creating a storm in a glass of water; The notice that I have gotten from the court is stating that the hearing is scheduled for a motion 21, and since defendants objection to my motion for default is not named Rule 21 I perceive that as it is the Rule 21 motion to make more definite and certain that will be heard at the scheduled hearing.
(some years ago I was represented by an attorney. My attorney had filed a rule 21 motion. The judge overlooked that the Motion was properly named Rule 21, and almost threw out the case due to this issue, it was not till after his attention was pointed to the fact that "Rule 21" was actually in the name, jst not in the first line of the title.)
As I understand your answer you are saying that; if my complaint is not well founded then it overrides not replying timely to the complaint is that correctly understood?
I was in the process of preparing my request for production and admissions the night I discovered the complaint had not been replied to in time.
If I now file my request for production, my request for admissions, a motion for summary judgment and an amended complaint will I then somehow hurt my request for default order and motion for default judgment?
If the judge does not give me the default judgment I will certainly appeal the decision because of how the ORCP for default judgments read. Where can I read the rules related to appealing.
If I have to restate these questions in a new request I can certainly do so.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).