What are remedies vs. default order?
Here is a summary of the remedies available to a party who has been declared in default:
FROM NOTICE OF ORDER
OF DEFAULT
BEFORE JUDGMENT
[1] File a motion to set aside order of default. (Rule 9, Sec. 3(b))
[2] When there is abuse of discretion amounting to lack or excess of jurisdiction on the part of the court issuing such order of default, file a petition for certiorari. (Rule 65)
AFTER JUDGMENT
BEFORE FINALITY
[1] File a motion for reconsideration. (Rule 37, Section 1)
[2] File a motion for new trial. (Rule 37, Section 1)
[3] File an appeal. (Rule 41, Section 1)
AFTER FINALITY
OF JUDGMENT
[1] File a petition for certiorari. (Rule 65)
[2] File a petition for relief from judgment. (Rule 38)
[3] File a petition for annulment of judgment. (Rule 47)
FROM NOTICE OF ORDER
OF DEFAULT
BEFORE JUDGMENT
[1] File a motion to set aside order of default. (Rule 9, Sec. 3(b))
[2] When there is abuse of discretion amounting to lack or excess of jurisdiction on the part of the court issuing such order of default, file a petition for certiorari. (Rule 65)
AFTER JUDGMENT
BEFORE FINALITY
[1] File a motion for reconsideration. (Rule 37, Section 1)
[2] File a motion for new trial. (Rule 37, Section 1)
[3] File an appeal. (Rule 41, Section 1)
AFTER FINALITY
OF JUDGMENT
[1] File a petition for certiorari. (Rule 65)
[2] File a petition for relief from judgment. (Rule 38)
[3] File a petition for annulment of judgment. (Rule 47)