What Is Opposition to a Default Judgment and How Is It Filed?
Opposition to a default judgment is one of the legal methods available for challenging court decisions and applies specifically to judgments rendered in the absence of one party. As a general principle in judicial proceedings, both parties to a dispute are expected to appear before the court and present their defenses. However, in certain cases, the defendant or the accused is unable to attend court hearings or submit written defenses.
Because judicial proceedings cannot be suspended, the court must examine the case and issue a decision. Such a decision is referred to as a default judgment, as it is rendered without the presence of the defendant or accused. The legislator has provided the option to object to and file an opposition to a default judgment to protect the rights of individuals who were unable to participate in the judicial process. It should be noted that opposition must be filed within the statutory time limit. This legal remedy follows a specific procedure that distinguishes it from other methods of challenging court decisions.
Time Limit and Competent Authority for Filing Opposition
The Exact Legal Meaning of Opposition
As stated above, opposition to a default judgment is one recognized method of challenging a court ruling. Linguistically, opposition means objection.
To properly understand this concept, it is first necessary to define a default judgment, as this form of objection applies exclusively to such judgments.
Pursuant to Article 303 of the Civil Procedure Code, a judgment is considered a default judgment when the defendant, or their attorney or legal representative, fails to appear at court hearings and does not submit written defenses. Accordingly, the criteria distinguishing a default judgment from a judgment rendered in the presence of the parties are as follows:
- The absence of the defendant, their attorney, or legal representative from court hearings.
- Failure by the defendant, their attorney, or legal representative to submit a written defense.
- Lack of proper personal service of the court summons on the defendant.
Based on the above criteria, any objection raised by the defendant against a default judgment is examined under the legal framework of opposition.
Procedure for Filing Opposition
According to Article 305 of the Civil Procedure Code, a defendant against whom a default judgment has been rendered has the right to file an opposition to that judgment. As the first step, the defendant must visit the judicial service offices and submit a petition to oppose the court that issued the default judgment.
Upon completion of the petition, it is referred to the issuing court. If the petition is incomplete, the court clerk will issue a notice requiring the deficiencies to be corrected. Subsequently, a new hearing date will be scheduled and formally notified to both parties.
Pursuant to Article 306 of the Civil Procedure Code and Article 406 of the Criminal Procedure Code, the statutory time limit for filing opposition to a default judgment is twenty days for individuals residing in Iran and two months for individuals residing outside Iran, calculated from the date of service of the default judgment.
Legal Effects of Filing Opposition
The annulment of the default judgment is the first and most significant legal consequence of a successful opposition. Pursuant to Article 306 of the Civil Procedure Code, if the court finds the objection justified after examination, it will issue a decision accepting the opposition petition, and enforcement of the default judgment will be suspended.
According to Article 307 of the Civil Procedure Code, if, after reviewing the opposition, the court issues a ruling in favor of the previously absent defendant, the claimant is required to compensate for the damages resulting from the enforcement of the initial judgment.
Pursuant to Article 308 of the Civil Procedure Code, the effects of the judgment issued following consideration of the opposition apply only to the objecting party and the opposing party.
The judgment does not extend to individuals who did not file an opposition. However, if the judgment is indivisible in nature, it shall also apply to other individuals subject to the default judgment who did not file an opposition.
Frequently Asked Questions About Opposition to a Default Judgment
Opposition to a default judgment is a legal method for challenging a judgment issued in the absence of a party. It allows an individual against whom a judgment was rendered due to non-appearance or failure to submit a defense to request a re-examination of the case.
A default judgment is issued when the defendant, their attorney, or legal representative fails to appear at court hearings, does not submit written defenses, and proper personal service of the court summons has not been effected.
Under the Civil Procedure Code, the time limit for filing opposition is twenty days for individuals residing in Iran and two months for individuals residing outside Iran, starting from the date of service of the default judgment.
The opposition must be filed with the court that entered the default judgment. The defendant may initially register the opposition petition through judicial service offices, after which it is referred to the competent court.
After submitting the petition through judicial service offices, the petition is reviewed by the court. If deficiencies exist, a correction notice is issued. A new hearing date is then scheduled, and the court proceeds to examine the case.
If the court accepts the opposition as justified, enforcement of the default judgment is suspended, and a new ruling may be issued. The claimant may also be required to compensate for damages arising from the enforcement of the initial judgment. The final ruling affects only the opposing parties unless the judgment is indivisible. What is opposition to a default judgment, and what is its purpose?
What is a default judgment?
What is the time limit for filingan opposition?
Which authority is competent to hear opposition?
How is opposition filed?
What are the legal effects of opposition?
