Responses Flashcards
How long does D have to answer?
21 days
What is the exception to 21 days to answer
If D waives services, he has 60 days if he resides in Virginia and 90 days if out of state
What happens if he fails to answer within 21 days
Court enters default
If the court has entered default, but before default judgment is entered, what can the defendant do?
File a motion for relief from default
Prior to entry of default judgment, a D
can seek to file a responsive pleading if the defendant can establish good cause for the failure to file
Consequences of default judgment
waive jury trial, waive affirmative defenses, waive right to further notice, waive right to contest merits
May plaintiff still attend hearing on damages after default?
Yes
How many days after entry of judgment, does court have power over claim?
21 days to vacate, modify, or suspend a final judgment
When does the period begin?
judge signs decree. Any subsequent order is a nullity
What can D do after a court enters default judgment?
file a motion for relief from default judgment within 21 days
After the 21st day, a defendant must…
file a motion to set aside a default judgment for fraud within 2 years from date of judgment
other grounds for setting aside a default judgment include…
void judgment, accord and satisfaction, or D was a military member
