§ 1037.Suspension Where Judgment Given Prematurely
Chapter 16: Trial Court Vacation and Modification of Judgments · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 1037
Amendment History
R.L. 1910, § 5273.
Plain-English Summary
This section covers a judgment entered prematurely, before the action stood ready for trial. In that situation, a party can still get a suspension of proceedings under Section 1036, even without showing a valid defense to the action. The court then orders whatever's needed regarding execution on the judgment so the defendant keeps the same rights of delay that would have existed had the judgment been rendered at the proper time.
Frequently Asked Questions
What if a judgment was entered before my case was ready for trial?
Section 1037 lets you get a suspension of proceedings even without showing a valid defense, and the court preserves your normal delay rights as if the judgment had come at the right time.
Do I need to show a defense to the action to get this type of suspension?
No. The section specifically allows the suspension "although no valid defense to the action is shown."
How does this section relate to Section 1036?
It's an extension of Section 1036's suspension procedure for the specific case of a prematurely rendered judgment.