notice of motion to enter default template superior court nj

There is no suggestion in the rule that the normal motion pleading requirements of R. The rule is clear that reinstatement can only be effected either by consent or by motion on good cause shown. Additionally, the cover letter enclosing the notice of motion did not show that a copy was sent to defendant.

Plaintiffs filed a notice of motion to restore on November 1, 2013, with certification that the notice of motion was filed with Hudson County Superior Court, but failed to provide a certification that defendant was served. The dismissal order stated that, 'formal notice of motion is now required to restore this case to active trial status.' Subsequently, on December 21, 2012, the case was administratively dismissed without prejudice for lack of prosecution pursuant to Rule 1:13-7(a). In June 2012, plaintiffs requested the clerk to enter default against defendant. Plaintiffs served defendant with the complaint on March 16, 2012, and subsequently filed a proof of service. In February 2012, plaintiffs Cesar Del Cid and his wife, Reina Del Cid, filed a malpractice claim against defendant contending he failed to timely file a personal injury lawsuit on their behalf. On appeal, defendant argues the court erred by improperly denying his motions, as he established both excusable neglect and a meritorious defense to the complaint sufficient to set aside the default judgment, as required by Rule 4:50-1(a). Fleisher appeals from two orders of the Law Division: the court's Jorder denying defendant's motion to vacate the default judgment and the Septemorder denying defendant's motion for reconsideration. Schuster, attorney for respondents.ĭefendant Douglas J.

L-1024-12.Ĭutolo Mandel, LLC, attorneys for appellant (Jeffrey S. On appeal from Superior Court of New Jersey, Law Division, Hudson County, Docket No.

Notice of motion to enter default template superior court nj