Best Answer

In many states, a default occurs when the defendant does not file an Answer to the complaint on time. If this happens the plaintiff can request that the court enter this default on the record so the case can proceed without the defendant's participation. Usually, court rules require this request to be in the form of a motion in writing with a copy sent to the defendant's address to put him/her on notice that the case is proceeding. Then, depending on the type of case, the court moves into the "proof" phase, where plaintiff submits proof of the claim in order to get the judgment demanded. The court will not enter the judgment demanded just because defendant did not object to it. In cases of debts, most courts accept a simple sworn affidavit attesting to the amount owed. If the court is satisfied, judgment will be entered. If it is the kind of case where proof is not so easily done, as in divorce cases, a proof hearing is set up and plaintiff appears and gives proofs from the witness stand. Again, judgment will not be entered unless proper proofs are on the record. Most states allow a defendant to make a request that the default be set aside and allow defendant to file an answer. This is usually granted to give defendant his day in court if there were some reasonable excuse for the delay. Courts even allow defendants to make requests to re-open the case if a default judgment has been entered, but this is usually done only when there is some reasonable excuse together with a meritorious defense. Each state and federal court has its own rules governing this whole process so you must check those to find out exactly what your state does.

User Avatar

Wiki User

โˆ™ 2008-09-11 13:24:50
This answer is:
User Avatar
Study guides

What factors contributed to the Holocaust

What was the result of the Scopes monkey trial

How did American women win the fight for suffrage

How did Fordism affect American labor

See all cards
No Reviews

Add your answer:

Earn +20 pts
Q: What happens when a court case goes into default?
Write your answer...
Still have questions?
magnify glass
Related questions

When there is an objection to a decision in court the case goes where?

court of appeal

What happens if a loan is sold with recourse and it goes into default?

what haapend if a loan is sold with recourse and it goes into defualt

What is a legal case called when it goes to court?

a lawsuit

When there is an objection to a decision the case goes to?

court of appeal

What happens to appealed cases?

Goes to appeals court

When a case goes directly to the US Supreme Court it is called what?

If the US Supreme Court is the first to hear a case, the Court has original jurisdiction.

What happens if the Supreme Court refuses to hear a case?

If the U.S. Supreme Court denies a petition for a writ of certiorari (a request to hear a case on appeal), then the decision of the lower court is final. Denial of certiorari occurs in 98-99% of cases, and in no way implies that the court agrees with the lower court's decision. Denial only means that the case, as presented, isn't of sufficient importance to warrant a review, doesn't involve constitutional issues, conforms to a precedent already set, falls outside the court's jurisdiction, or is moot, etc. Between 7,500 and 8,500 cases are presented for review each year, but the court can only choose 80-150 to hear, so the Justices have to limit themselves to those cases that have the greatest impact on the law and on society. If a case is denied certiorari, the decision of the last "court of competent jurisdiction" to handle the case is affirmed and the case is concluded. Affirmation by default does not necessarily indicate the Supreme Court agrees with the lower court decision; nor does accepting a case for review necessarily mean the Court disagrees with the lower court decision.

What happens when a judge goes in the court room?

Everyone stands up and court is called to order.

What are the three decisions a court can make in a case?

the court goes under what the law states to rules a court case and determine the outcome. come together to make a decision.

What happens in a game of badminton if you touch the lines of the court?

The point goes to the opponent.

In Netball what happens when a player who takes the throw in steps onto court?

the ball goes to the opposite team and is played on court

What determines if a case goes to federal court or state court in Montana drug offenses?

If the crime carries a felony punishment, your case will go to federal court. The amount of drugs you have on your person will determine if it is a felony or not.

People also asked

What are some careers that require a strong vocabulary?

View results

What is 100 times 100?

View results