default/inquest

This is a discussion on default/inquest within the Small Claims Courts forum, part of the ATTORNEYS, COURTS, LITIGATION category; I recently had a small claims case heard before an arbitrator and won. The defendant requested a trail denovo in ...

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Old Jul 23rd, 2009, 05:44 PM   #1
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Unhappy default/inquest

I recently had a small claims case heard before an arbitrator and won. The defendant requested a trail denovo in which the defendant did not show on both occasions. I presented my case to the judge and he felt I had proven my case and awarded me the monies I was suing plus interest. The defendant was informed that they lost default/inquest. They are now looking to reopen the case again because they said they were not notified of the court dates. But I was told by the clerk's office today when I went to follow up on my claim that the defendant did call the court to see if I made an appearance. My question is does the judge review the case and decide whether or not to reopen it or do they just reopen the case. Also is the defendant allowed to order a transcript of the previous hearing's even though they were not in attendance?
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Old Jul 24th, 2009, 01:54 PM   #2
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Default Re: default/inquest

The judge would have to approve a reopening.

Anybody can order the transcript.
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