Legal Memorandum: Setting Aside a Default Judgment in NJ

Issue: Under New Jersey law, when should a default judgment be set aside on review?

Area of Law: Litigation & Procedure
Keywords: Set aside a default judgment; Excusable neglect and meritorious defense; Burden of proof
Jurisdiction: New Jersey
Cited Cases: 928 A.2d 948; 395 N.J. Super. 380
Cited Statutes: None
Date: 11/01/2008

New Jersey courts reviewing the grant of a default judgment are guided by the principle that “opening of default judgments should be viewed with great liberality, and every reasonable ground for indulgence is tolerated to the end that a just result is reached.”  Goldhaver v. Kohlenberg, 395 N.J. Super. 380, 392, 928 A.2d 948, 955 (App. Div. 2007) TA l "Goldhaver v. Kohlenberg, 395 N.J. Super. 380, 928 A.2d 948 (App. Div. 2007)" s "Goldhaver v. Kohlenberg, (App. Div. 2007)" c 1 .  Thus, when a defendant seeks to set aside a default judgment entered against him or her, the burden of proof is that of excusable neglect and meritorious defense.  Id. at 391, 928 A.2d at 954 TA s "Goldhaver v. Kohlenberg, (App. Div. 2007)"  (setting aside default judgment).


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