回複：Typo: lied... not laid, sorry :-(

這裡有一些資料供您參考

Relief from Judgment
The plaintiff or the defendant can file a Motion to Open Judgment, which essentially asks the court for a new trial. This is commonly used when the defendant wants the magistrate to void or "vacate" a default judgment - a judgment for the plaintiff that was entered because the defendant didn't show up for trial or didn't file an answer to the plaintiff's Writ of Claim - that is, the defendant didn't file a written challenge to or denial of the plaintiff's claim with the court. Another common example is when a plaintiff's case was dismissed because he didn't show up for trial. In the motion he'll ask the magistrate to vacate the dismissal so that he can continue the case against defendant. You'll need to show the magistrate a good reason why you didn't file an answer or show up for trial.

You can also use this motion to correct minor clerical error in the judgment. For example, if after the trial the judge announced a decision that the defendant owes you $3,500, but the written judgment you get in the mail later states that you're owed $350, you can file the this motion to have the judgment corrected.

Sometimes you can use this motion when you have some other good reason to have the magistrate look at the case again. Some examples of good cause include:

8226;Showing that you were unable to attend the first trial because of an emergency, such as illness
8226;You've discovered new evidence that wasn't available when the first trial took place
8226;You actually paid the plaintiff's claim or damages before the trial, or the plaintiff released you from liability on the claim, but the plaintiff went through with the trial anyway
Generally, you have to file the motion within four months after the judgment was entered into the court records, which usually is the same day the magistrate makes a decision. You have to pay a fee when file this motion, and you may have to pay other costs. The clerk of the court where the judgment was made can tell you the current fee and costs..

所有跟帖： 

• i hope my reasons are enough to file the Motion to Open -verybadexperience- ♀ (161 bytes) () 07/27/2009 postreply 20:36:32