Can an appeal be made of either a dismissal or a default judgment?
Yes, dismissals and defaults can be appealed. The plaintiff has seven (7) days following the hearing date to file with the court a Motion to Reinstate the Cause of Action. A defendant has seven (7) days in which to file a Motion to Set Aside a Default Judgment. Either motion must be filed at the Civil Division counter on the 2nd Floor of Madison Center. The forms cost one dollar ($1.00) each. Generally, two weeks after a motion is filed, the magistrate decides to either grant the motion or deny it. The court notifies both parties of the decision. If the motion is granted, a new court date is set. If the motion is denied, you may file an appeal of that decision with the Civil Division.
