Civil Procedure
Default
A clerk or court entry showing that a party failed to plead, defend, or otherwise respond as required.
Governing rule: Fed. R. Civ. P. 55(a)
Plain-English definition
Default is the procedural status that follows when a defendant does not respond after proper service. It is not always the final judgment. Usually the plaintiff first seeks entry of default, then asks for default judgment if the defendant still does not appear or cure the problem.
How it works
The clerk may enter default when the record shows failure to plead or defend. A defendant can ask to set aside default for good cause.
Why it matters
Default is the alarm bell before judgment. Missing it can turn an ignored complaint into an enforceable money judgment.
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.