What is a motion for default in civil litigation?
A motion for default in civil litigation is a legal document submitted to the court when a defendant fails to answer a complaint in a timely manner, or does not appear for a hearing. It is most often used in civil cases when a defendant does not respond to a complaint or other court documents within the allotted time period. In Washington, a motion for default is usually filed when the defendant has not responded to a complaint within the 21-day time limit. This motion is filed in the county where the complaint was first filed. The motion must include proof of service of the complaint and a certificate of readiness from the plaintiff. The certificate of readiness declares that the plaintiff has relevant documents and evidence ready for trial. Once a motion for default has been filed in civil litigation, the court will enter a default judgment against the defendant. This means that the plaintiff is allowed to present their case without any input from the defendant, and the court will rule in favor of the plaintiff. The court may also order the defendant to pay any damages awarded to the plaintiff. The motion for default is a powerful tool for plaintiffs in civil litigation, as it ensures that their case is heard and they are awarded damages when the defendant fails to answer the complaint or appear in court.
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