For a referral to a lawyer or a legal service program, call CLEAR (888) 201-1014. Fill out forms to Default the Other Party.Washington Forms Online. A prove up hearing is essentially a trial where you prove your side of the case in the absence of the other party. The question is will the presence of the attorney keep the court from ordering the default judgment entered. You will need to file a Motion to Vacate the Default explaining why you missed the hearing. Any party may respond to any pleading or otherwise defend at any time before a motion for default and supporting affidavit is filed, whether the party. In a criminal case, the judge will continue the case, and probably set a hearing for the lawyer to explain his absence or get sanctioned. Notice of motion and motion to set default prove up hearing. Cal. Super. Fill out an application to waive the filing fee if necessary.