Civil Procedure
Default Judgment
A judgment entered against a party that failed to respond or defend after proper notice.
Governing rule: Fed. R. Civ. P. 55(b)
Plain-English definition
Default judgment is the final step after default. If entered, the plaintiff can often collect or enforce the judgment even though the merits were never contested. Courts may require proof of damages before entering judgment, especially when the amount is not a sum certain.
How it works
The clerk can enter some simple sum-certain judgments; otherwise the court handles the request. A defendant seeking relief must move quickly and show a recognized basis.
Why it matters
Many consumers and small businesses lose cases by default, not because a judge decided the plaintiff was right after evidence.
Related terms
More in Civil Procedure
Amended Complaint
A revised complaint that changes, adds, or clarifies allegations, parties, or claims after the original complaint was filed.
Answer
The defendant's formal written response to the plaintiff's complaint, admitting or denying each allegation.
Class Certification
The judicial decision to allow a lawsuit to proceed as a class action on behalf of similarly-situated plaintiffs.
Collateral Estoppel
Also called issue preclusion. The doctrine that prevents re-litigating a specific issue that was actually decided in a prior case.
Complaint
The initial pleading filed by the plaintiff that starts a civil lawsuit.
Consolidation
Combining related cases for coordinated management, discovery, hearings, or trial.
Counterclaim
A claim brought by a defendant against the plaintiff within the same lawsuit.
Crossclaim
A claim by one party against a co-party, such as one defendant suing another defendant in the same case.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.