What is a default in civil law?

In civil law, a default is a failure of a person to take action or respond to a court summons. Default occurs when a defendant fails to appear in court or does not file an answer to a civil lawsuit within the time allowed. When this happens, the court usually grants a default judgment in favor of the plaintiff, allowing them to recover damages or obtain an order from the court. In Minnesota, when a person is served with a lawsuit, they must file an answer within 20 days. If they fail to answer the complaint within the 20 day window, the plaintiff may request the court to enter a default judgment against them. With the default judgment, the plaintiff can seek to recover damages from the defendant. In addition to not responding to the lawsuit summons, a defendant may also be in default if they fail to comply with certain court orders. For example, if the court orders one party to turn over certain documents to another party and the party fails to do so, then they may be found in default. In Minnesota, the court may issue a default judgment regardless of the merits of the case, if the defendant fails to respond to the summons or comply with the court orders. The court will usually enter a default judgment if the defendant does not appear before the court or follow the court orders.

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