What is a motion for default judgment?

A motion for default judgment is a legal document that is used in civil lawsuits in Indiana. It is filed by the plaintiff when the defendant fails to answer or appear in court within the timeframe prescribed by the rules of civil procedure. The motion requests that the court enter a judgment in favor of the plaintiff, without the need to proceed to a trial. In order for the court to grant the motion, the plaintiff must prove the existence of the claim in the case. This means that the plaintiff must present evidence that establishes the validity of the case and the amount of damages that the plaintiff is requesting. If the court grants the motion for default judgment, the defendant is said to be “in default” and the plaintiff is automatically entitled to the relief requested in the motion. The defendant may still be able to challenge the judgment, but they must file a motion to vacate the judgment in order to have the case reopened. The motion for default judgment is an important legal tool in civil lawsuits in Indiana because it allows the plaintiff to recover damages without having to proceed to trial. However, it is important for defendants to respond to the lawsuit in a timely manner to avoid a default judgment.

Related FAQs

What are the rules for alternative dispute resolution?
What is the doctrine of res judicata?
What is a settlement conference?
What is a motion for a temporary restraining order?
What is a motion to quash a subpoena?
What is the appeals process?
What are the court rules for a summary judgment hearing?
What is a cross-complaint?
What is a motion for reconsideration?
What is a change of venue?

What is a motion for default judgment?

Related FAQs

Related Blog Posts