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What motion would I use respond to an Entry of Judgment?

What motion would I use respond to an Entry of Judgment?

Full question:

What motion would I use respond to an Entry of Judgment by confession in which the attorney fees are unreasonable and are inconsistent with the terms of the underlying note requesting a change in attorney fees? According to the judgment I have 60 days to respond by filing a motion to open, modify or vacate. Do you have a sample motion for this request?

Category: Civil Actions
Subcategory: Default Judgment
Date: 04/07/2025
State: Maryland

Answer:

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FAQs

What is the difference between Rule 59 and Rule 60?

Rule 59 allows a party to request a new trial or to alter or amend a judgment within a specific time frame, typically 28 days after the judgment is entered. In contrast, Rule 60 provides a mechanism for a party to seek relief from a final judgment, order, or proceeding due to reasons like mistake, newly discovered evidence, or fraud. Rule 60 motions can be filed at any time, but they must be made within a reasonable period. Both rules serve different purposes in addressing judgments.

What is a Rule 54 motion?

A Rule 54 motion pertains to the finality of judgments in civil cases. It allows a party to seek a judgment on one or more claims in a multi-claim case, even if other claims remain unresolved. This motion is used to clarify that a particular decision is final and can be appealed. It helps in managing cases with multiple issues and ensuring that parties can appeal when necessary.

What is a Rule 60 motion?

A Rule 60 motion is a request for relief from a final judgment, order, or proceeding. It can be based on grounds such as mistake, inadvertence, newly discovered evidence, or fraud. This motion allows a party to seek to correct or set aside a judgment that may have been unjustly entered. Unlike Rule 59, there is no strict time limit, but the motion should be filed within a reasonable time frame.

What is the Rule 55(b)(1) motion for entry of default judgment?

Rule 55(b)(1) allows a party to request a default judgment when the opposing party has failed to respond to a complaint or summons. This motion is typically used when the defendant has not appeared in court, and the plaintiff seeks a judgment based on the defendant's default. The plaintiff must provide proof of the claim and the amount owed, and the court will then enter a judgment in favor of the plaintiff.

What is the motion for entry of judgment?

A motion for entry of judgment is a formal request to the court to enter a judgment in a case after a trial or hearing. This motion is often filed after a verdict has been reached or when a settlement has been agreed upon. It outlines the terms of the judgment and asks the court to finalize it, making it enforceable. This is an essential step in ensuring that the court's decision is officially recorded.