Application to Set Aside Judgment given in Default
Art.197-Court having jurisdiction.
An application to set aside a judgment given in default may be made by the person sentenced in his absence to the court which passed the judgment.
Art.198- Time and form of application.
An application under this Title shall be made within thirty days from the date on which the applicant became aware of the judgment given in his absence and shall contain the reasons on which he bases his application.
Art.199- Grounds for granting application.
No application under this Title shall be granted unless the applicant can show:
(a) That he has no received a summons to appear: or
(b) That he was prevented by force majeure from appearing in person or by advocate.
Art.200- Action upon filing of application.
(1) on the filing of the application, a copy thereof shall be sent to the public prosecutor and the applicant and the public prosecutor shall be informed of the hearing date.
(2) Where the applicant, having been duly summoned, fails to appear on the hearing date, the application shall be dismissed.
Art-201-Hearing
(1) The applicant or his advocate shall speak in support of the application and the public prosecutor shall reply. The applicant shall have the right to reply.
(2) The court shall then give its decision on the application.
JUSTICE 