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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a civil action for collection, summons was personally served on the defendant on April 3. The defendant did not file an answer or appear by the deadline. The plaintiff moves for entry of default and the court, after notice, declares the defendant in default and proceeds to trial. A month later, the defendant, through new counsel, files a Motion for Relief from Default alleging improper service of summons and a meritorious defense, which the court denies. (a) State the controlling doctrine and its essential requisites for declaring a defendant in default. (b) Apply these requisites to the facts and determine whether the court properly declared the defendant in default. (c) If the defendant then moves to set aside the default, state the standard for relief and assess whether the motion should be granted given these facts.

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