Order of Reference and Default Judgment Template - Queens County, New York

Order of Reference and Default Judgment Template is a legal document that was released by the Supreme Court - Queens County, New York - a government authority operating within New York. The form may be used strictly within Queens County.

FAQ

Q: What is an Order of Reference?A: An Order of Reference is a court order that refers a case to a referee, who will hear and make recommendations on the case.

Q: What is a Default Judgment?A: A Default Judgment is a court judgment that is entered against a defendant who fails to appear or respond to a lawsuit.

Q: What is the purpose of an Order of Reference?A: The purpose of an Order of Reference is to appoint a referee to assist in resolving complex issues in a case, such as determining damages or settling disputes.

Q: How is an Order of Reference obtained?A: An Order of Reference is typically obtained by filing a motion with the court and providing justification for the need of a referee.

Q: When can a Default Judgment be entered?A: A Default Judgment can be entered if a defendant fails to respond to a lawsuit within the specified time period after being properly served with the lawsuit documents.

Q: What happens after a Default Judgment is entered?A: After a Default Judgment is entered, the plaintiff may proceed to enforce the judgment, such as by attempting to collect the awarded damages.

Q: What are the requirements for obtaining a Default Judgment?A: The requirements for obtaining a Default Judgment vary by jurisdiction but generally include properly serving the defendant with the lawsuit documents and demonstrating that the defendant has failed to respond within the required time period.

Q: Can a Default Judgment be challenged?A: Yes, a Default Judgment can be challenged by the defendant, typically through a motion to vacate or set aside the judgment based on valid reasons, such as excusable neglect or lack of proper service.

Q: What is the role of a referee in a case?A: The role of a referee in a case is to hear evidence, make findings of fact, and issue recommendations or decisions on the issues assigned by the court.

Q: Can the court reject the recommendations made by a referee?A: Yes, the court has the authority to reject or modify the recommendations made by a referee and make its own final determinations in the case.