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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

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Default Judgments “Defendant in Default”

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  1. 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

  2. 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

  3. 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

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

  5. 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

  6. Court’s Entry of Judgment • All other matters

  7. “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

  8. 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

  9. Attacking the Pleading • Demurrer • Motion to Strike • Motion for Judgment on the Pleadings

  10. Demurrers • Applies to Complaints and Cross-Complaints • Same time to respond as if filing answer • Based on law, not facts; tests the legal sufficiency of the Complaint/Cross-Complaint • Motion rules apply • Mailed to opponent, filed with Court

  11. Motions to Strike • Used to attack entire pleading or parts of the pleading • Used to attack complaint, answer, cross-complaint, or demurrer • Used to attack pleadings on grounds demurrer cannot reach • Judged only on the face of the pleadings

  12. Motion for Judgment on the Pleadings • Same as Demurrer, but used after time has lapsed for Defendant to file Demurrer • Same rules as for Demurrers • Court only looks at face of challenged pleading • Often based on lack of jurisdiction • Same Motion/format procedures

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