Defaults and Dismissals Before Trial Flashcards
Define: Default
If answer is not filed within the legally required time, default is entered by a clerk noting in the file that this has occurred. Notice of a default must be sent to all parties
Define: Default Judgment
When a defendant does not oppose a case, default judgment is entered and has the same effect as any other judgment.
When is notice of a default judgement not required?
When the court enters a default judgment and the defendant has not made an appearance
When may the clerk enter a judgment for default judgement?
for an amount sum certain which is supported by an affidavit by the Plaintiff with no notice to the other party
When may the court enter a judgment for default judgment?
When there is not an amount sum certain and if notice is given to the defendant 7 days before entry of the default judgment
When can a default judgment be set aside?
For good cause shown
What relief can be granted after a default judgment?
The amount requested in the complaint
Define: No Progress Dismissals
If plaintiff fails to progress their claims at all, judgment entered by default with prejudice against the Plaintiff
Define: Involuntary Dismissals
When Plaintiff fails to comply with court orders, case is missed with prejudice unless stated otherwise
Define: Voluntary Dismissal by Plaintiff
When Plaintiff voluntarily dismisses their case. This can be filed without leave of court if the D has not yet filed an answer/MSJ or gets consent of other party (otherwise leave of court is required)
Two-Dismissal Rule
First voluntary dismissal by Plaintiff is without prejudice. However, if P refiles the case then voluntarily dismisses again, the second dismissal is with prejudice
Define: Default as Punishment
A court may enter a default judgment as punishment for something such as not complying with court orders. It is used in instances of repeated defiance or other exceptional circumstances
