Civil Procedure Multistate Bar Practice Exam

Which of the following must be true for a plaintiff to obtain a default judgment through the clerk?

1. The defendant has partially responded

2. The claim is for a sum certain in money

3. The plaintiff has filed a motion to dismiss

4. The defendant is a minor

The correct answer is: The claim is for a sum certain in money

For a plaintiff to obtain a default judgment through the clerk, it is essential that the claim is for a sum certain in money. This requirement is grounded in Civil Procedure rules that allow clerks to enter default judgments without court intervention for certain types of claims. Specifically, a sum certain refers to a specific and calculable amount of money that can be easily determined from the pleadings and the default itself. The rationale behind this requirement is that a clerk can only enter a judgment that is straightforward and clear. Unlike claims that require evidentiary hearings or detailed assessments of damages, a claim for a sum certain does not involve discretion or the need for further judicial assistance to determine the appropriate damages. As such, the clerk can straightforwardly compute and enter the judgment based on the pleadings. In contrast, the other options do not align with the requirements for obtaining a default judgment through the clerk. Claiming that a defendant has partially responded (the first option) does not meet the standard necessary for a default since a default judgment typically occurs when a defendant has not responded at all. The third option regarding a motion to dismiss is unrelated, as such a motion does not pertain to the default judgment process itself. Lastly, whether the defendant is a minor is not