What is a motion for default judgment?

A motion for default judgment is a legal request to a court seeking a judgment without a trial or hearing. In Kansas, a motion for default judgment is used when a opposing party has been properly served and notified of the lawsuit but fails to respond. If the court enters a default judgment, then the court will decide the outcome of the lawsuit in favor of the requesting party. In order for a motion for default judgment to be granted, the requesting party must prove that: (1) the opposing party had been properly served with the lawsuit and failed to respond, and (2) the requesting party is entitled to proceed with the case and is deserving of judgment. Once the requesting party has established both of these factors, the court will consider the motion. If the court accepts the motion, the court will issue a default judgment. Default judgments in Kansas are common in cases where the opposing party has failed to appear or has failed to respond to the lawsuit. As a result, the requesting party can prove the claims in the lawsuit and have the court enter a default judgment. Default judgments may be entered without a hearing or trial, and the requesting party can have their claims decided without the need to present evidence.

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What is a motion for default judgment?

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