What must a party do if they wish to vary a judgment before it is entered?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

When a party wishes to vary a judgment before it is officially entered, the appropriate course of action is to apply to vary the decision. This process allows the party to request specific changes or modifications to the judgment while it is still subject to revision before being finalized.

Applying to vary is significant because it acknowledges that the decision is not yet a final order and, therefore, permits the court to reconsider aspects of the judgment, such as factual errors or legal misinterpretations. This is a procedural avenue designed to ensure that the final judgment accurately reflects the circumstances and intentions of the parties involved.

The other scenarios listed—requesting a full retrial, filing a separate lawsuit, or applying to amend the decision—represent different legal avenues that are generally more complex or inappropriate in the context of modifying a judgment that has not yet been entered. These alternatives either imply a more extensive judicial process or are not geared towards straightforward modifications, making them less suitable for addressing immediate adjustments to a decision prior to its finalization.

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