Default & Default Judgment
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Civil Procedure · Lesson 14
Default & Default Judgment
這一課問的是：D 是否未答辯或抗辯，致可進入 default 與 default judgment？
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
default
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Clerk's entry of D's failure to plead under Rule 55(a).
違約。
default judgment
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Court's entry of judgment under Rule 55(b).
違約判決。
setting aside
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Rule 55(c): may set aside default for good cause.
撤銷。
Rule 60(b)
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Relief from judgment for mistake, fraud, etc.
Rule 60(b)。
Rule Sentence · the workhorse
Under Rule 55, when a party against whom relief is sought fails to plead or otherwise defend, the clerk must enter default upon a showing by affidavit; default judgment is entered by the clerk for sums certain or by the court otherwise.
Mini IRAC · build the Application
Issue. May D have a default judgment set aside where D failed to respond due to inadvertent counsel error?
Rule. Under Rule 55(c), the court may set aside an entry of default for good cause, and may set aside a default judgment under Rule 60(b) for excusable neglect.
Application (model). D's default judgment resulted from counsel's inadvertent failure to calendar the response deadline. Because Rule 55(c) and Rule 60(b)(1) permit relief from default judgment for excusable neglect upon a prompt showing of good cause and a meritorious defense, the fact that counsel's calendaring error qualifies as excusable neglect and D moves promptly with a meritorious defense means the standard for relief is satisfied.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the default judgment should be set aside.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
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