Default (law)

related topics
{law, state, case}

In law, a default is the failure to do something required by law or to appear at a required time in legal proceedings.

In the United States, for example, when a party has failed to file meaningful response to pleadings within the time allowed, with the result that only one side of a controversy has been presented to the court, the party who has pleaded a claim for relief and received no response may request entry of default. In some jurisdictions the court may proceed to enter judgment immediately: others require that the plaintiff file a notice of intent to take the default judgment and serve it on the unresponsive party. If this notice is not opposed, or no adequate justification for the delay or lack of response is presented, then the plaintiff is entitled to judgment in his favor. Such a judgment is referred to as a "default judgment" and, unless otherwise ordered, has the same effect as a judgment entered in a contested case.

It is possible to vacate or remove the default judgment, depending on the particular state's law.

Entry of default in the United States district courts is governed by Rule 55 of the Federal Rules of Civil Procedure.

See also


Full article ▸

related documents
Cohens v. Virginia
Conviction
Nulla poena sine lege
Clean Air Act (1970)
Wikipedia:Legal disclaimer
Non-disclosure agreement
Bomb threat
International human rights instruments
Rebuttal
Preamble
Judicial economy
Cross-examination
Arraignment
Plaintiff
Barratry
International Prize Court
Confidence trick
Iona Nikitchenko
Pacta sunt servanda
Abstract (law)
Permanent Court of Arbitration
Civilian
Collateral damage
English Heritage
Statute
Deadly force
Hawala
World Intellectual Property Organization Copyright Treaty
Operation TIPS
Alford plea