The motion shall be made within a reasonable time, and for reasons (a), (b), and (c) not more than one year after receipt of notice by the moving party of the judgment. A motion for reasons (a), (b), and (c) shall be accompanied by a pleading or motion under Rule 21 A which contains an assertion of a claim or defense. The rule reads as follows: B(1) “On motion and upon such terms as are just, the court may relieve a party or such party’s legal representative from a judgment for the following reasons: (a) mistake, inadvertence, surprise, or excusable neglect (b) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 64 F (c) fraud, misrepresentation, or other misconduct of an adverse party (d) the judgment is void or (e) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application. Rule 71 (B) of the Oregon Rules of Civil Procedure generally provides that a party seeking to set aaside a default judgment must do so within one year.
0 kommentar(er)
