Rule 17 - Setting aside judgment(a) Within 20 days after judgment is entered, any dissatisfied party may file a motion requesting that the judgment be set aside and a new trial held.(b) The magistrate shall promptly schedule a hearing on the motion. The clerk, deputy clerk or magistrate assistant shall notify all parties of the time, place and date set for hearing on the motion.(c) If good cause is shown by the party making the motion, the magistrate who entered the judgment or such magistrate's successor may set aside the judgment and order a new trial. The magistrate's decision on the motion shall be in writing. The clerk shall immediately notify all parties of the magistrate's decision.(d) Except as stated in (e), good cause may be shown by, but is not limited to, any of the following circumstances: (1) There is newly discovered evidence that could have a substantial effect on the outcome of the case;(2) Important evidence was hidden from the court by the opposing party in whose favor judgment was rendered;(3) The verdict is clearly excessive and cannot be supported by the evidence;(4) There was a material mistake in the application of the law.(e) Where judgment is entered by default, good cause may be shown by either excusable neglect or unavoidable cause.R. Civ. Proce. For. Magist. Ct. 17
Amended by order entered July 1, 1991, effective 8/1/1991.