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Procedurally, a party must first move for an entry of default and, once that has occurred, may move for a default judgment at a later date. Notably, a hearing may have to be held in order for the court to issue a default judgment so that the plaintiff can establish liability or damages for the defaulted claims.

Excusable neglect may occur if you suffer from a disability. Examples of disabilities that may qualify as excusable neglect include mental confusion, inability to speak or understand English, and certain illnesses.

The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties. Annotation Law reviews.

In defining excusable neglect, we have said, “A party's conduct constitutes excusable neglect when the surrounding circumstances would cause a reasonably careful person similarly to neglect a duty. Common carelessness and negligence do not amount to excusable neglect.” In re Weisbard, 25 P. 3d 24, 26 (Colo.

Rule 58 - Entry of Judgment (a) Entry. Subject to the provisions of C.R.C.P. 54(b), upon a general or special verdict of a jury, or upon a decision by the court, the court shall promptly prepare, date, and sign a written judgment and the clerk shall enter it on the register of actions as provided in C.R.C.P.

A Petition for Review is not a new hearing, but an opportunity to request the District Court to review a final order from proceedings in a domestic or juvenile case based upon law, if a party believes that the judgment is in error.

Rule 55 - Default (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter his default.

Excusable neglect is a term associated with legal proceedings, notably in bankruptcy cases, that includes inadvertence, mistakes, carelessness, or any other intervening circumstances beyond a party's control. A court has the discretion to allow a party to file a motion after the deadline if it finds excusable neglect.