Legal Question in Appeals and Writs in Missouri

Can a judge re-open a case he ruled on and gave me a default judgement, 2 weeks later, he re-opens the case.... can he do thqat or is that a conflict of intrest or does it have to go thru the appeals process?


Asked on 3/10/10, 3:43 pm

1 Answer from Attorneys

Anthony Smith LawSmith

I am not sure of the specifics of your matter. I think you obtained a judgment by default in acivil case. Then two weeks later, the judge set aside that default and put the case back onto the active case docket. If that is what occurred, the timing is critical. As a defautl can be set aside, and very often are, within ten days of the default judgment. This is common, where a nonlawyer attempts to appear at an answer docket for a corporation, or somoe other non-human legal person. The court issues a defautl and judgment, and then within ten days later an attorney files their entry, a Motion to set aside the default, and an answer to the petition.

If this is similar to what occurred in your case, but the defendant or the judge allowed the judgment to sit for more than ten days, you may file an appeal to the appellate court. You can ask the appellate court to find that the period the defendant waited was too long after the default judgment. These are expensive and rarely are effective. Most Plaintiffs seem to find it cheaper to litigate their case in the trial court, as that is what the appellate court finds in most cases. However, some people are willing to spend thousands of dolars to win five hundred.

If the default judgment was set aside due to a problem with servcie of the petitiond summons on the defendant, then the judge can certainly entertain a Motion to set aside within afew weeks of the default judgment.

If none of these scenarios relate to what occurred in your case, perhaps you could repost with a better explanation of what did occur.

Good luck

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Answered on 3/17/10, 9:24 am


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