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Culture War Roundup for the week of October 17, 2022

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It wasn't denied Jones; he forfeited that right by refusing to participate in the case against him. That's what happens—you can't get out of a lawsuit by simply ignoring it. He had 2 years to comply with discovery requests and refused to do so despite repeated orders from the court. What was the judge supposed to do here? How many bites at the apple does the guy deserve? You can make the argument that the discovery requests were inappropriate, and though I haven't heard any specifics about that, it's beside the point. Even assuming the requests were inappropriate, it's not up to the parties to decide which orders they are going to comply with. If that were the case, you'd just be giving parties carte blanch to ignore any adverse rulings without consequence.

As for the exact procedural issues you bring up: Asking the court to vacate a judgment is not the same as appeal. For the court to vacate the default judgment, Jones would have to convince them that the entering of such judgment was inappropriate. The court obviously disagreed, and proceeded to a trial on damages. If Jones were to appeal the case, he'd be making the same arguments to the appeals court that he was to the trial court—that default judgment was inappropriate. Asking the trial court to vacate the judgment was a step for preserving the issue for appeal since appellate courts are loathe to consider matters that weren't before the trial court. As a practical matter, though, it's pretty meaningless, since the losing party will ask the trial judge to vacate the judgment in every case, and the trial judge will almost always say no.