Court Orders

Question 1

Ex Parte Temporary Restraining Order

Answer 1

Court may grant an ex parte TRO without notice to the adverse party if the moving party:

(1) gives specific facts in an affidavit (or verified complaint) that establishes that immediate and irreparable injury will result to the moving party b4 the adverse party can be heard in opposition; AND
(2) certifies in writing all efforts moving party made to give notice to the adverse party and why notice should not be required; AND
(3) provides some security to pay for any costs and damages incurred by adverse party.

Question 2

What is Default?

Answer 2

A notation by the court clerk on the docket sheet in the case.

Question 3

Default Judgment

Answer 3

Entitles P to recover. D must have been entered into default prior.

Question 4

How to get Default entered?

Answer 4

P must request entry of default if the D does not respond timely.

Question 5

Effect of entry of Default?

Answer 5

Cuts off D’s right to respond.

Default does NOT entitle P to recover.

Question 6

When CLERK of court can enter Default Judgment

Answer 6

(1) D made no appearance at all;
(2) Claim is for a certain sum of money
(3) Claimant gives affidavit of sum owed; AND
(4) D is not a minor or an incompetent.