Default Judgments “Defendant in Default”

Default Judgments“Defendant in Default” • Any defendant who fails to timely file a response to a Complaint is considered to be a “Defendant in Default” • Defendant in Default can still file a response in the action until the Court clerk has entered the default • Plaintiff may file a Motion to Strike a late response

Request for Entry of Default by Court Clerk • A written request made by the Plaintiff, within 10 days after the expiration of the time for Defendant to file a responsive pleading, seeking entry of default

Request for Entry of Default Requirements • Request for Entry of Default official form • Complaint and summons properly served • Time for response passed • No response filed • Declaration telling Court Plaintiff sent Defendant copy of Request • Other procedures depending on case type

Default Judgment • Entry of Default vs. Default Judgment • Two types: Clerk’s Entry of Judgment and Court’s Entry of Judgment

Clerk’s Entry of Judgment • Simple matters not requiring judicial analysis • Examples: collection cases, actions arising out of contracts with fixed and determinable amounts of money

Court’s Entry of Judgment • All other matters

“Prove-Up” Requirements for Court’s Entry of Judgment • Request for Entry of Judgment Default Form • Proof of prima facie case • Case Summary • Interest computations • Memorandum of Costs • Proposed Form Judgment • Dismissal of all Does • Affidavit of Non-Military Service

Challenging Default Judgments/Entries of Default • Motion to Lift Default • Grounds for relief: “mistake, inadvertence, surprise, or excusable neglect” • Fault of attorney • Fault of party

Default Judgments “Defendant in Default”