What is a motion for default in civil litigation?
A motion for default in civil litigation is a request to the court for a decision in favor of the filing party when the other side fails to respond in the allotted time. The motion is typically filed after the other side fails to answer or appear in court to defend their case. In North Carolina, the filing party must meet certain requirements in order to successfully file a motion for default. First, they must file a document called a “Motion for Default Judgment of Default”. This document would inform the court that the other party failed to file an answer or appear in court. Second, they must also submit a document stating all the facts of the case and why the other party can’t be reached or is unable to answer or appear. Once a motion for default is granted, the court will issue a judgment in favor of the filing party. This judgment may order a specific result, such as awarding money to the filing party or it may simply state that the court has found in favor of the filing party. The judgment of default is legally binding and the other party must comply with it or face consequences for not doing so.
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