Can a General Contractor in Colorado Appeal a Default Judgment or Request a New Court Date?

Question from Almostnormal, Can a General Contractor in Colorado Appeal a Default Judgment or Request a New Court Date?

Answer from AI:

In general, when a party to a lawsuit fails to appear in court on the scheduled date, the court may enter a default judgment against them. However, there are certain circumstances under which this judgment can be appealed or a new court date can be requested.

Appealing a Default Judgment

In Colorado, a party can appeal a default judgment, but it’s not a straightforward process. The party must file a motion to set aside the default judgment, and the court will only grant this motion under certain circumstances. According to Rule 60(b) of the Colorado Rules of Civil Procedure, the court may relieve a party from a final judgment for the following reasons:

• Mistake, inadvertence, surprise, or excusable neglect
• Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b)
• Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party
• The judgment is void
• 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
• Any other reason justifying relief from the operation of the judgment

Your friend’s situation might fall under the first reason if he can prove that his failure to appear was due to a misunderstanding and not intentional neglect.

Requesting a New Court Date

Requesting a new court date, or a continuance, is another option. However, this is typically done before the court date, not after a default judgment has been entered. The court may grant a continuance for good cause, but it’s at the court’s discretion.

Consulting a Legal Professional

It’s important to note that this information is general in nature and may not apply to your friend’s specific situation. Legal procedures can be complex and the consequences of not following them correctly can be serious. Therefore, it’s highly recommended that your friend consult with a legal professional who can provide personalized advice based on the specifics of his case.

For more information, your friend can refer to the Colorado Judicial Branch’s Self-Help Center or the Colorado Bar Association’s resources.