Filing A Lawsuit – Coursework Example
Lawsuit A default judgment can only be set aside in the case of a mistake, excusable neglect or inadvertence or surprise. In the case of Mr. Hart, excusable neglect is the best plea due to his advanced age and his level of education. Furthermore, the client comes to appeal the default judgement after a period of six months that means that the default judgement on his case can be set aside under equitable relief (Kay et. al., 2012). Equitable relief applies when a defendant passes the six month deadline set for the hearing of his or her case. The aforementioned conditions that come with age are excusable before a judge.
His age and education level made him ignorant to the facts of the case and, therefore, Mr. Hart could not attend the hearing the first time round. The advanced age of Mr. Hart, furthermore, facilitates him to build a defence on a limited capacity plea (Kay et. al., 2012). His age restricts him from making informed legal decisions regarding the case resulting from the accident during the course of his work as a driver at Mercury Parcel Service.
The aforementioned reasons are more than sufficient for the judge to set aside the previous default judgement. If Mr. Hart, at the beginning of the case, was awarded reasonable counsel he would have attended the court sessions. In addition, his level of education is not sufficient for him to understand the inner working of the law. Therefore, Mr. Hart was ineligible to appear in court from the beginning0. The guardian in charge of Mr. Hart failed to obey the court orders in the first 20 days. This fact removes all doubt that Mr. Hart knowingly failed to appear in court. The default judgement ruling was a result of the failure of the guardian to enlighten him on matters regarding the case.
Kay, M., Sime, S., French, D., Bridge, S., Walker, M., & Ashfield, E. (2012). Blackstones civil practice 2013 (1st ed.). Oxford: Oxford University Press.