What is a motion for default judgment?
A motion for default judgment is a type of civil procedure available in Delaware. It is a request to a court to enter a judgment in favor of the party that has filed the motion when the opposing party has not responded to the motion. In general, when someone files a lawsuit in Delaware, the opposing party must respond and defend against the allegations within a specific period of time. If the opposing party does not respond or fails to appear in court, then the party that filed the lawsuit can take advantage of the motion for default judgment. In essence, the court enters a judgment in favor of the party who filed the motion if the opposing party fails to respond. The motion for default judgment is a tool that allows the party filing the lawsuit to obtain a favorable outcome quickly. It can be used when the opposing party is unresponsive or evasive, does not have any real defense to the lawsuit, or does not appear in court. In order for the motion for default judgment to be granted, the party filing the motion must prove that their version of events is true and accurate. This usually means providing evidence such as witness testimony or records to support their version of events. The court may also require a hearing or other proceedings in order to make a decision on the motion.
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