Default (law)

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.

References



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  • default — de·fault /di fȯlt, dē ˌfȯlt/ n [Anglo French defalte defaute lack, fault, failure to answer a summons, from defaillir to be lacking, fail, from de , intensive prefix + faillir to fail] 1: failure to do something required by duty (as under a… …   Law dictionary

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  • Default — De*fault , n. [OE. defaute, OF. defaute, defalte, fem., F. d[ e]faut, masc., LL. defalta, fr. a verb meaning, to be deficient, to want, fail, fr. L. de + fallere to deceive. See {Fault}.] 1. A failing or failure; omission of that which ought to… …   The Collaborative International Dictionary of English

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