What is the term for filing a request to overturn a default judgment?

Study for the New York State Court Assistant Legal Terminology Test. Utilize flashcards and multiple-choice questions, each complete with hints and explanations. Get ready for your exam!

Multiple Choice

What is the term for filing a request to overturn a default judgment?

Explanation:
When a party wants to undo a judgment entered by default, they file a motion to vacate the default. This request is aimed at reopening the case so the merits can be considered again, rather than leaving the default in place. This route is the direct, specific remedy for a default situation. An appeal, by contrast, challenges the judgment after it’s already entered on its merits and isn’t the step to undo a default itself. A motion for relief from judgment covers broader post-judgment relief for issues like lack of jurisdiction, newly discovered evidence, or fraud, and isn’t the typical path solely to reverse a default. Reconsideration is about reexamining the court’s ruling after it’s been made, not about lifting a default judgment.

When a party wants to undo a judgment entered by default, they file a motion to vacate the default. This request is aimed at reopening the case so the merits can be considered again, rather than leaving the default in place.

This route is the direct, specific remedy for a default situation. An appeal, by contrast, challenges the judgment after it’s already entered on its merits and isn’t the step to undo a default itself. A motion for relief from judgment covers broader post-judgment relief for issues like lack of jurisdiction, newly discovered evidence, or fraud, and isn’t the typical path solely to reverse a default. Reconsideration is about reexamining the court’s ruling after it’s been made, not about lifting a default judgment.

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