This form is a judgment by default. This form is used to issue a judgment in favor of plaintiff against the defendant pursuant to Fed. R. Bankr. P. 7055.
Maine Judgment by Default - B 261A
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When a defendant does not answer the complaint or otherwise defend the lawsuit, the plaintiff may file a motion for default judgment. To obtain a default judgment, the plaintiff must follow the procedure set forth in Federal Rule of Civil Procedure 55, and if the motion is granted, the plaintiff has won the case.
A default judgment can be entered by a clerk or by a judge. In simple civil cases and where the defendant is neither a minor nor an incompetent person, the clerk, with an affidavit showing the amount due, can enter the judgment for that amount.
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to ?set aside? (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
No judgment by default shall be entered upon a claim based on a negotiable instrument or other negotiable obligation unless an original or copy of the instrument or obligation is filed with the clerk or unless the court for cause shown shall otherwise direct on such terms as it may fix.
Rule 80M - Medical Malpractice Screening Panel Procedure (a) Applicability and Confidentiality. This rule applies to medical malpractice screening panel proceedings under the Maine Health Security Act, 24 M.R.S. §2851, et seq.
To ask the judge to set aside your default judgment, you must file a ?motion? (a formal written request) with the court.
To survive a motion for a summary judgment, the opposing party must produce evidence that, if produced at trial, would be sufficient to resist a motion for a judgment as a matter of law.
If an application is made to produce the information under Rule 26(g), the party resisting discovery bears the initial burden to show the court that the information is not, in fact, "reasonably accessible because of undue burden or expense." The requesting party must then show "good cause" why the information should be ...