SLR 5-16.031: SETTING ASIDE DEFAULT JUDGMENTS FOR VIOLATIONS

A defendant against whom a default judgment is entered may file a motion for relief from default judgment, within a reasonable time, not to exceed one (1) year. The court requires a written motion for relief, accompanied by an affidavit setting forth facts which demonstrate that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect. At the time the motion for relief is filed, the defendant must pay to the court the amount of the fine imposed in the judgment. The payment requirement may be waived by the court for good cause. A motion for relief cannot be filed until the payment is made or waived. The court may rule on the motion without a hearing or may require the defendant to appear and present oral argument. CHAPTER 18 – FORCIBLE ENTRY AND DETAINER (FED)/LANDLORD TENANT