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

Default Judgments“Defendant in Default”

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 by Court Clerk

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

Request for Entry of Default Requirements

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

Court’s Entry of Judgment

Default Judgment

Simple matters not requiring judicial analysis

Examples: collection cases, actions arising out of contracts with fixed and determinable amounts of money

Clerk’s Entry of Judgment

All other matters

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

“Prove-Up” Requirements for Court’s Entry of Judgment

Motion to Lift Default Grounds for relief: “mistake, inadvertence, surprise, or excusable neglect” ◦Fault of attorney◦Fault of party

Challenging Default Judgments/Entries of Default