JUDGMENT BY DEFAULT Meaning and
Definition
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Judgment by default refers to a legal term that describes the ruling issued by a court when one party fails to respond or appear in a lawsuit or legal proceeding. When a defendant fails to file a response or appear in court within the specified timeframe, the court may grant a judgment in favor of the plaintiff by default. This means that the court, without hearing the defendant's side of the case, renders a decision in favor of the plaintiff based solely on the evidence and arguments presented by the plaintiff.
The purpose of judgment by default is to ensure that lawsuits are resolved efficiently and to prevent parties from delaying or avoiding legal proceedings. It is the responsibility of the defendant to respond to a lawsuit, and failing to do so may result in serious consequences, such as an unfavorable judgment, financial penalties, or other legal sanctions.
In order to obtain a judgment by default, the plaintiff must typically meet certain legal requirements, such as properly serving the defendant with notice of the lawsuit and confirming that the specified time for response has expired. This legal process provides a mechanism for resolving cases in a timely manner when one party is unresponsive or fails to participate in the legal proceedings. However, in some jurisdictions, a defendant may have the opportunity to request to remove or set aside a judgment by default if certain circumstances exist, such as excusable neglect or newly discovered evidence that could potentially change the outcome of the case.
Common Misspellings for JUDGMENT BY DEFAULT
- hudgment by default
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