What does Trial-Default Prove Up really mean?

Question

I'm in the process of getting my marriage annulled. I started back in May. Went through the order, the Request to enter default. And now the Request for Default Setting. at my Hearing set for November, will my ex be present? What is the Prove-Up?

Answer 1

There are two stages of an civil trial. The determination of fault, which is part of the judgment, and the determination of what the appropriate remedy (damages, etc.) should be, which is the other part.

A default is where one party, usually the defendant, does not show up to challenge the claim. So, in the event of a default, judgment is entered against that party automatically. However, it is not always clear what the appropriate remedy (damages, etc.) should be.

So, even if a party wins by default (because the other party didn't show up), the court may still need to hold a hearing on the remedies requested. This is called a "prove up" hearing. And even if the other party did not show up for the first half, they can still show up and present evidence about how much damages should be awarded, whether an injunction is necessary, or whatever the possible remedies are.

In the example above, you asked to get the marriage annulled. If your ex defaulted, then you won that part of the process. The next question is, what effect does that have on property distribution, who owns what, etc. That gets resolved at the "prove up" hearing.

Answer 2

That you ...