What is Default Judgement?

Obtaining a default judgment in federal court is a procedural mechanism that can expedite the resolution of a case when the defendant fails to respond or defend against the plaintiff’s allegations. It is important to understand the circumstances under which it can be obtained, the procedural steps involved, and some considerations for both plaintiffs and defendants. 

As a starting point, a default judgment is a binding judgment in favor of the plaintiff when the defendant fails to respond to a complaint within the time frame set out in the federal rules. A default judgment requires the court to accept the plaintiff’s allegations as true due to the defendant’s inaction. 

The first step in this process is the plaintiff must request the court to enter an entry of default against the defendant. This will usually require an affidavit showing that the defendant was properly served and failed to respond within the required time frame. If the court finds that the requirements are met, the clerk will enter the default, which formally recognizes the defendant’s failure to act, and accepts the allegations in the complaint as true. 

Indeed, the most common way to obtain an entry of default is when the defendant does not file an answer or otherwise respond to the plaintiff’s complaint within the stipulated time, typically 21 days after being served. This can also happen if a defendant does not appear for a scheduled court hearing or trial, the court may enter a default judgment against them. Or, even if a defendant initially responds, failing to participate in subsequent stages of the litigation process can also lead to a default judgment. 

After obtaining the entry of default, the plaintiff then must file a motion for default judgment. This motion will typically include details of the claims, the amount of damages sought, and any supporting evidence. If the amount of damages are not certain in its face, the court will require evidence. If the defendant has never responded, then the plaintiff need not even serve the defendant with the motion for default judgment. If the court is satisfied with this evidence, it will then grant the default judgment, making the defendant liable in some amount to the plaintiff. Courts can deny default judgment even if the defendant never appears or offers contradictory evidence if the plaintiff’s claims remain legally insufficient.  

 To avoid this, defendants need to respond to complaints promptly. Ignoring legal notices, such as a summons, can lead to severe consequences. 

Once an entry of default or default judgment is entered, defendants may file a motion to set aside the default. Defendants must typically show a valid reason for their failure to respond, such as improper service or excusable neglect. It is not automatic that a court will grant this absent good cause. 

 All in all, obtaining a default judgment in federal court is a procedural mechanism that serves to advance justice when a defendant fails to participate in the legal process. For plaintiffs, it offers a pathway to relief when faced with an unresponsive defendant. For defendants, it underscores the importance of engaging promptly and effectively in litigation to protect their rights and interests. Understanding this process is critical for both sides.