Default (law)
Encyclopedia
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 pleading
s 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 court
s is governed by Rule 55 of the Federal Rules of Civil Procedure
.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, 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
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, for example, when a party has failed to file meaningful response to pleading
Pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion...
s 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
Default judgment
Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law...
" 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
Default judgment
Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law...
, depending on the particular state's law.
Entry of default in the United States district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
s is governed by Rule 55 of the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
.