Honolulu, HI asked in Appeals / Appellate Law, Child Custody, Civil Rights and Family Law for Hawaii

Q: How can I see a judge over a tro that was default judgement against me because of missing a hearing due to medical

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA

A: If you've received a default judgment against you for missing a hearing due to medical reasons, it's essential to act promptly. Start by gathering all relevant medical documentation that explains your absence. This should include dates, the nature of your medical issue, and notes from your healthcare provider.

Next, contact the court where the judgment was issued. Explain your situation and inquire about the process for filing a motion to vacate the judgment. This typically involves completing specific forms and providing proof of your medical emergency. It's important to adhere strictly to court deadlines and procedures.

Once your motion is filed, the court will likely schedule a hearing. At this hearing, you'll have the opportunity to present your case and evidence to the judge. Be prepared to explain clearly and concisely why you were unable to attend the original hearing and why the judgment should be reconsidered. It might be beneficial to seek legal advice to ensure your rights are fully protected during this process.

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