4 ms·

There may be due process concerns over refusing to follow the due process?

ncallaway 4y ago
Jones was afforded due process. Due process requires you to participate in the _process_, which he refused to do repeatedly, for years. He can appeal, but the authority for a trial court to issue a default judgement is not new precedent but rather well established. It’s quite _rare_, but it’s happened before.
- sophacles 4y ago
  I see now. Thanks
- kolanos 4y ago
  > He can appeal, but the authority for a trial court to issue a default judgement is not new precedent but rather well established. It’s quite _rare_, but it’s happened before. It should be noted that default judgments rarely stick when appealed.
  - ncallaway 4y ago
    It should? I went looking for appellate statistics for default judgements in Texas and couldn’t find anything. Do you have a source for the rate of successful appeals against default judgements in Texas (or even more broadly) I’m just not able to find anything on the topic one way or another. Edit to add: Also, are you referring to a Motion to Set Aside made to the original judge, or an appeal made to an appellate court? My understanding is most judges will grant a timely motion to set aside if the default judgement was granted for not showing up because you were unaware of the court proceeding or had extenuating circumstances. This default judgement was granted for misbehavior and refusing to engage with the process over years, so I’d want to look at statistics on successful appeals of a default judgement, and not statistics on successful motions to set aside. Though, again, after a bit of searching I could find neither.
gizmo686 4y ago
In theory, the challenge to a default judgement would be due process based. In practice, this particular case is practically a textbook example of when due process is appropriate, so I don't see how such a claim could possibly succeed. The point I was making by bringing up a due process claim was that there is no path for this case to become precedent regarding free speech.
- sophacles 4y ago
  Oh I track now, thanks for clarifying.

Jones was afforded due process. Due process requires you to participate in the _process_, which he refused to do repeatedly, for years. He can appeal, but the authority for a trial court to issue a default judgement is not new precedent but rather well established. It’s quite _rare_, but it’s happened before.

sophacles 4y ago
I see now. Thanks
kolanos 4y ago
> He can appeal, but the authority for a trial court to issue a default judgement is not new precedent but rather well established. It’s quite _rare_, but it’s happened before. It should be noted that default judgments rarely stick when appealed.
- ncallaway 4y ago
  It should? I went looking for appellate statistics for default judgements in Texas and couldn’t find anything. Do you have a source for the rate of successful appeals against default judgements in Texas (or even more broadly) I’m just not able to find anything on the topic one way or another. Edit to add: Also, are you referring to a Motion to Set Aside made to the original judge, or an appeal made to an appellate court? My understanding is most judges will grant a timely motion to set aside if the default judgement was granted for not showing up because you were unaware of the court proceeding or had extenuating circumstances. This default judgement was granted for misbehavior and refusing to engage with the process over years, so I’d want to look at statistics on successful appeals of a default judgement, and not statistics on successful motions to set aside. Though, again, after a bit of searching I could find neither.

gizmo686 4y ago

In theory, the challenge to a default judgement would be due process based. In practice, this particular case is practically a textbook example of when due process is appropriate, so I don't see how such a claim could possibly succeed. The point I was making by bringing up a due process claim was that there is no path for this case to become precedent regarding free speech.

sophacles 4y ago
Oh I track now, thanks for clarifying.