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Craddock Test

What is the Craddock test ?

More than seventy years ago, the Texas Supreme Court enunciated the standard that courts follow today in reviewing no-answer default judgments. A default judgment should be set aside if the defendant proves:

(1) the failure to appear was not intentional or the result of conscious indifference, but was the result of an accident or mistake;

(2) the motion for new trial sets up a meritorious defense;

(3) a new trial would cause neither delay nor undue prejudice. Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388, 133 S.W.2d 124, 126 (Tex. 1939).

"The defaulting defendant has the burden of proving all three elements of the Craddock test before a trial court is required to grant a motion for new trial." Utz v. McKenzie, 397 S.W.3d 273, 278 (Tex. App.--Dallas 2013, no pet.).