What Happens at a Motion for Entry of Judgment?

By Kelly Kaczmarek
Present your side of the case in court for the best possible outcome.

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A motion for an entry of judgment is filed in court when the opposing party has failed to properly respond to a court summons or correct the problematic situation that caused the parties to go to court. This motion asks the judge if she will enter her final judgment on the case brought before her. If the motion has already been filed, there is still time to contest the request in court.

The Judge's Decision

The judge will enter his decision on the case based on who filed the motion for entry of judgment, as well as evidence provided in court and the presence of the parties involved in the case. If one party or the other fails to attend the scheduled court date, the judge may find in favor of the attending party, or he may throw the case out altogether.

Appealing a Judgment

If the party in question appeared at the specified court date and believes an error occurred, he has a right to appeal the judge's decision within 30 days. He can complete a Request to Correct or Cancel Judgment and Answer form if he can prove there was either a clerical or legal error in the processing of your case. Either party may file this appeal if they feel the incorrect information was entered.

Failing to Appear

You can use the 'Notice of Motion to Vacate Judgment and Declaration' form to request the judgment be 'vacated' and explain why you missed the court date. If the judge deems your absence excusable, the judgment may be vacated and a new trial may begin. Bring all necessary information with you, as the trial may commence immediately. If the judge cannot excuse your absence and denies your motion, you may appeal once before the judgment becomes finalized.

Enforcement of Judgment

Every time a new motion is filed in a case, the plaintiff's right to carry out a judgment goes on hold. Until a complete and final decision is made, and all information is correct and agreed upon by both parties, the judge cannot issue a final judgment and thus it cannot be enforced by any legal outlet.

About the Author

Kelly Kaczmarek began writing when her first published work was presented at her alma mater's Women's Studies Research Symposium. Her articles now appear on various websites. After studying abroad in Europe and Japan, Kaczmarek earned a Bachelor of Arts in international studies from Bowling Green State University.

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