Superior Court Rules Table of Contents
73. A motion to set aside a jury verdict shall be filed
within ten (10) days after its rendition, and a motion to set aside any other
verdict or decree shall be filed within ten (10) days from the date on the
Clerk's written notice with respect to same, which shall be mailed by the Clerk
on the date of the notice. In each case, the motion shall fully state all
reasons and arguments relied on.
74. In all actions at law or in equity, in which a verdict or
decree is entered, or in which a motion for a nonsuit or directed verdict is
granted, or in which a bill in equity is dismissed, or in which any motion is
acted upon after verdict or decree, all appeals relating to the action shall be
deemed waived and final judgment shall be entered as follows, unless the Court
has otherwise ordered, or unless a notice of appeal has then been filed with the
Supreme Court pursuant to its Rule 7:
a. where no motion, or an untimely
filed motion, has been filed after verdict or decree, on the thirty-first day
from the date on the Clerk's written notice that the Court has made the
aforementioned entry, grant or dismissal; or
b. where a timely filed motion has
been filed after verdict or decree, on the thirty-first day from the date on the
Clerk's written notice that the Court has taken action on the motion.
The Court shall not grant any requests for
extensions of time to file an appeal document in the Supreme Court or requests
for late entry of an appeal document in the Supreme Court; such requests shall
be filed with the Supreme Court. See Supreme Court Rule 21(6).
In civil actions in which a mistrial is
declared, appeals from the denial of motions for nonsuit or directed verdict
shall not be transferred to the Supreme Court before verdict following further
trial unless the Presiding Justice shall approve an interlocutory appeal
pursuant to Supreme Court Rule 8.
(See Supreme Court Rules.)
75. Final default may be entered by the Court, sua sponte,
where appropriate, or by motion of a party, a copy of which shall be sent to all
parties defaulted or otherwise.
In all cases in which final default is entered, whether due
to failure to file an appearance, answer, or otherwise, the case shall be marked
"final default entered, continued for entry of judgment or decree upon
compliance with Superior Court Rule 75." A copy of the Court's order
and any subsequent orders shall be mailed to all parties, defaulted or
otherwise.
The non-defaulting party may then request entry of final
judgment or decree, by filing a motion, together with an affidavit of damages
or, in equity cases a proposed decree, and where the default is based on a
failure to file an appearance, shall include an affidavit as to military
service. The moving party shall certify to the Court that a copy of all
pleadings has been mailed to the defaulting party and shall include a notice
that entry of final judgment or decree is being sought. Any party may request a
hearing as to final judgment or decree. All notices under this rule shall be
sufficient if mailed to the last known address of the defaulting party.
A hearing as to final judgment or decree shall be
scheduled upon the request of any party. Otherwise, the Court may enter final
judgment or decree based on the pleadings submitted or exercise its discretion
to hold a hearing depending on the circumstances of the default, the sufficiency
of the pleadings and the nature of the damages sought or relief requested.
If the Court schedules a hearing, all parties, defaulted or
otherwise, shall receive notice and an opportunity to be heard.
76. Repealed, effective June 1, 1982.
77. When a verdict is rendered upon a negotiable instrument,
or similar evidence of indebtedness, the same shall be filed with the Clerk
before judgment or execution is issued, unless the Court otherwise orders.