Civil Procedure Multistate Bar Practice Exam

What is required for the plaintiff to file for a default judgment if the defendant is not a minor or incompetent?

1. An order from the court

2. No additional requirements

3. Submission of evidence in person

4. Complementary affidavits from witnesses

The correct answer is: No additional requirements

In order for a plaintiff to file for a default judgment against a defendant who is neither a minor nor incompetent, the primary requirement is that the defendant must have failed to respond to the complaint within the time frame specified by the court. If the defendant does not file an answer or appear in court, the plaintiff is typically allowed to seek a default judgment without needing further conditions. The process generally does not require the plaintiff to obtain a prior order from the court or submit evidence in person, nor do they need complementary affidavits from witnesses to prove their case at the point of seeking a default. The fact that the defendant is not a minor or incompetent simplifies the matter, as it confirms that the defendant is capable of being held to the obligations of legal proceedings. Thus, the lack of a defense or response opens the path for a straightforward request for default judgment based solely on the failure to participate in the litigation.