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2006-09-26 13:19:17 · 4 answers · asked by pee pee 2 in Politics & Government Law & Ethics

4 answers

Actually a default order is not when the case is dropped, in those circumstances a case is either dismissed without prejudice (you are allowed to refile) or just dropped from the calendar.

A Default order is when a plaintiff brings suit against someone else and the defendant doesn't show up. Even if the defendant doesn't appear in court the plaintiff still has to present evidence, the defendant just doesn't defend themselves. This results in a default judgment, which is a judgment with a few strings attached. If the defendant appears later and has good cause for not showing up, like if they were not served properly for instance, then the court may vacate the judgment and rehear the case to allow the defendant to present evidence to dispute the claims against them

2006-09-26 13:28:23 · answer #1 · answered by Spaceman 6 · 0 0

In a civil law suit, if one party (usually the defendant does not show up), the court can declare them to be in default. A default may be granted if there is no response at all to a claim or counter-claim, in which case the defaulting party loses automatically.

Or a default may be entered later during the proceedings, if the other party doesn't appear at trial. In that situation, the non-defaulting party still needs to present enough evidence to make out their basic (prima facie) case. But the defaulting party doesn't get to present any evidence to challenge or contradict it.

A default may also be ordered by the court for failure to prosecute
(by the plaintiff), though this will usually only happen after a hearing on an "order to show cause why the case should not be dismissed".

When the default occurs, any outstanding claims against that party in that particular case may be rendered into a judgment against the defaulting party. That court treats the default as if the party had lost the case. What happens after that varies depending on the type of remedies requested by the other party.

2006-09-26 13:25:06 · answer #2 · answered by coragryph 7 · 2 0

It sounds, from your brief description, like an order declaring that the defendant failed to appear or make a defense, which means basically a win by forfeit by the plaintiff. It is very unlikely to be used as one respondent suggested, to signify the abandonment of the case and a positive result for the defendant.

2006-09-26 13:28:40 · answer #3 · answered by BoredBookworm 5 · 0 0

when the court drops the case.

Due to inactivity on the case or the Plaintiff dropped the case.

Hope you were the defendant!

2006-09-26 13:24:03 · answer #4 · answered by Little Bit the Ferret 3 · 0 2

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