What is a motion for default judgment?

A motion for default judgment is a legal request made in a civil case in which a court is asked to rule in favor of one party due to the other party not responding to or participating in the proceedings. In Hawaii civil courts, a motion for default judgment is typically made when the defendant in the case has failed to answer the summons or complaint within the time period prescribed by the law. In most cases, the court will require that the plaintiff provide a sworn affidavit outlining their efforts to notify the defendant of the complaint and the suit. The affidavit might include proof that the defendant was properly served with the summons, as well as evidence that the defendant was notified of the proceedings and failed to answer them. After all the appropriate evidence has been provided, the party requesting the default judgment can request an order from the court. Once the court has issued an order of default judgment, the defendant no longer has a chance to argue their case or defend against the allegations in the complaint. The court will judge the case in favor of the plaintiff, without considering any evidence from the defendant. Even though the court could consider evidence from the plaintiff, generally, the court will rule based on the facts presented by the plaintiff.

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What is a motion for default judgment?

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