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Published byChrystal Strickland Modified over 9 years ago
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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
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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
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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
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Entry of Default vs. Default Judgment Two types: Clerk’s Entry of Judgment and Court’s Entry of Judgment
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Simple matters not requiring judicial analysis Examples: collection cases, actions arising out of contracts with fixed and determinable amounts of money
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All other matters
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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
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Motion to Lift Default Grounds for relief: “mistake, inadvertence, surprise, or excusable neglect” ◦ Fault of attorney ◦ Fault of party
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