English

Motion For Default

MO-shun fuhr deh-FAULT
A legal motion filed in court asking the judge to enter a judgment in favor of the moving party because the opposing party has failed to respond to the lawsuit.
The plaintiff filed a motion for default after the defendant failed to file an answer to the complaint.

Torres v. Watts (1963) - The Supreme Court established due process requirements for entering default judgments.

Frequently Asked Questions

The most common ground is the defendant's failure to respond to the lawsuit. However, there may be other grounds depending on the specific jurisdiction.

If the motion is granted, the court will enter a judgment in favor of the moving party. The judgment may award damages, injunctive relief, or other forms of relief.

In some cases, yes. The defendant may be able to have the default judgment set aside if they can show good cause for their failure to respond.

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