What is a motion for default in civil litigation?

A motion for default in civil litigation is a legal filing in which one party in a lawsuit requests a default judgment against another party. This occurs when the defendant in the case fails to respond to the lawsuit in the allowable time frame. The defendant is considered to have “defaulted” on their obligation, and a default judgment is requested. In New Mexico, if a defendant fails to enter an appearance or file an answer to the complaint within the allotted time frame, usually 20 days, a motion for default may be filed. The plaintiff must file an affidavit of their damages, such as financial losses, and request a default judgment be entered against the defendant. The court must then issue a notice of motion for default and provide it to the defendants or their attorney. The notice must include the date and time of the hearing, and the defendant must then file an answer or appearance with the Court before the hearing. If the defendant does not do so, the Court may enter a default judgment against them. Once a default judgment has been entered, the court will treat the complaint as having been answered in favor of the plaintiff. The defendant can then request that the judgment be set aside, however, they must provide the Court with a good reason for setting aside the judgment. Otherwise, the plaintiff will be awarded whatever damages they requested in the motion.

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What is a motion for default in civil litigation?

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