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Letter D
civil procedure

Default Judgment

A judgment entered against a party who fails to appear in court or respond to legal proceedings.

Encyclopedia entry: Default Judgment

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default judgment

A default judgment (also known as judgment by default ) is a ruling granted by a judge or court in favor of a plaintiff in the event that the defendant in a legal case fails to respond to a court summons or does not appear in court. The default decision may be vacated if the defendant can establish valid reasons for not appearing in court or ignoring a summons. Federal Rule 37(b)(2)(v) states a person who fails to appear as required in court can be found in default. Unless proof of damages is necessary, the default decision will take damages into account if they were included in the complaint . Default judgment criteria and rulings could be different in different jurisdictions .

[Last reviewed in February of 2022 by the Wex Definitions Team
]

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Encyclopedia content from Cornell LII Wex (CC-BY-NC-SA 2.5).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.