Definition

1. Noun:
   • A legal judgment entered in favor of the plaintiff when the defendant fails to appear in court or to respond to a lawsuit: This is a formal decision by a court that is made because the party being sued (the defendant) did not participate in the legal proceedings as required.

Usage

• This term is used in legal contexts, specifically in civil procedure. It describes the court's ruling that resolves the case in the plaintiff's favor due to the defendant's failure to act.
• It is often a necessary step for a plaintiff to win a case when the defendant does not contest it.

Examples

• Noun:
  • The plaintiff was awarded a judgement by default after the defendant failed to file an answer to the complaint.
  • Because the company did not send a representative to court, the judge issued a judgement by default against it.

Advanced Usage

• "to enter a judgement by default": The formal act of the court clerk or judge recording this judgment.
  • The clerk will enter a judgement by default following the proper procedural steps.
• "to set aside a judgement by default": A legal motion to cancel or void this judgment, often because the defendant had a good reason for not appearing.
  • The defendant's attorney filed a motion to set aside the judgement by default.

Variants and Related Words

• Default judgement: A more common variant spelling and phrasing with the same meaning.
  • The court granted a default judgement.
• Default: (Noun) The failure to fulfill an obligation, especially to appear in court or to pay a debt.
• Judgment: (Noun) The formal decision of a court.

Synonyms

• Default judgment: The direct synonym with alternate spelling.
• Judgment on default: A less common phrasing with identical meaning.

Related Legal Concepts

• Summary judgment: A judgment entered by a court for one party without a full trial, based on the evidence showing no dispute of material fact. (This is distinct from a judgement by default, which is due to non-participation).
• Consent judgment: A judgment that is agreed upon and entered by the parties, not due to a default.

Noun

1. a judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)