Simple English definitions for legal terms
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When someone is sued in court and they don't show up or respond to the complaint, the judge can make a decision without hearing their side of the story. This is called a judgment by default. It means that the person who didn't show up automatically loses the case and has to pay whatever the other person asked for. In some cases, the person who didn't show up can ask the judge to change their mind, but they have to have a good reason. Different places have different rules for how this works.
Judgment by default, also known as default judgment, is a legal decision made when a defendant fails to appear in court or respond to a complaint. This means that the plaintiff automatically wins the case without having to present any evidence.
For example, if someone sues their neighbor for damaging their property and the neighbor fails to show up in court or respond to the complaint, the plaintiff may be granted a default judgment in their favor.
Default judgments are binding and cannot be appealed by the defendant. In civil cases, the judgment will typically grant the relief sought by the plaintiff, such as monetary damages.
The rules governing default judgment can vary depending on the jurisdiction. In the United States, federal courts use the Federal Rules of Civil Procedure 55 and 60 to guide default judgment procedures.
Under Rule 55, a default judgment can be entered if the plaintiff provides an affidavit showing that the defendant has been served and has failed to respond to the complaint. In some cases, a hearing may be required before a default judgment can be entered.
If a default judgment has been entered, the defendant may have the right to file a motion to set it aside under Rule 60(b). However, they must provide valid grounds for their failure to respond to the complaint.
Overall, judgment by default is a legal tool that allows plaintiffs to win cases when the defendant fails to participate in the legal process.