What is a motion for default judgment?

A motion for default judgment is a legal document filed with the court when a defendant in a civil lawsuit fails to respond to a complaint. This motion, which is filed by the plaintiff, notifies the court that the defendant has failed to respond to the complaint, and it asks the court to enter a judgment in favor of the plaintiff. In Idaho, a motion for default judgment must be accompanied by an affidavit detailing the facts of the case. The affidavit must include the following information: the name of the plaintiff and defendant, a statement of the claim, the fact that the defendant has not responded to the complaint, and the amount of damages the plaintiff is seeking. Once the motion for default judgment is filed, the court will issue a “notification to appear” to the defendant. The defendant must then appear in court on the designated date to present their defense. If the defendant does not appear, the court will grant the motion for a default judgment and the plaintiff will be awarded their damages. In summary, a motion for default judgment is a legal document that a plaintiff files with the court when a defendant fails to respond to a complaint. The motion must be accompanied by an affidavit stating the facts of the case, and if the defendant does not appear in court, the court will issue a judgment in favor of the plaintiff.

Related FAQs

What is the difference between a motion for a new trial and a motion for judgment notwithstanding the verdict?
What is the difference between federal and state civil procedure?
What is the appeals process?
What is a cross-complaint?
How do courts determine damages?
What are the rules of evidence in civil procedure?
What are the elements of a civil lawsuit?
What is the doctrine of laches?
What are the common defenses in civil law?
What is class action litigation?

Related Blog Posts

Understanding Civil Procedure Basics - July 31, 2023
Navigating the Complexities of Civil Procedure Rules - August 7, 2023
Step-By-Step Guide to Civil Procedure Process - August 14, 2023
Identifying Deadlines in Civil Procedure - August 21, 2023
Different Types of Civil Procedure Strategies - August 28, 2023