This case has been cited 1 times or more.
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2014-10-15 |
LEONEN, J. |
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| Consistent with Rule 9, Section 3(b) of the 1997 Rules of Civil Procedure, "the remedy against an order of default is a motion to set it aside on the ground of fraud, accident, mistake, or excusable negligence."[29] However, it is not only the motion to lift order of default which a defendant must file. As this court emphasized in Agravante v. Patriarca,[30] to the motion to lift order, of default must "be appended an affidavit showing the invoked ground, and another, denominated affidavit of merit, setting forth facts constituting the party's meritorious defense or defenses."[31] | |||||