What is a motion for default in civil litigation?

A motion for default is a legal request made in civil litigation when one of the parties fails to respond to a complaint or refuses to participate in the case. When a motion for default is granted, the plaintiff wins the case automatically without having to wait for a trial. A motion for default must be filed in California courts within 60 days of the defendant not responding or being served with the complaint. This motion is usually filed at the same court where the case is being heard and must be done officially through the court clerk. The motion typically includes a copy of the complaint and other documents filed in the lawsuit, like the summons. When the motion is granted by the court, the Judge will issue a default judgment, which is the official court decision on the case. The Judge may also require the plaintiff to submit evidence in the form of affidavits or declarations detailing how the plaintiff should be compensated in the case. If the plaintiff does not submit documents in time, the Judge may reject the motion for default. Once the motion for default has been granted, the defendant has a short window of time in which they can submit a request to the court explaining why they missed the deadline or failed to respond to the complaint. If this request is accepted, the court may set aside the default judgment and the case may proceed to trial. If the request is denied, the default judgment will stand and the case will end.

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What is a motion for default in civil litigation?

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