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The default judgment is the relief requested in the party's original petition. [1] Default can be compared to a forfeit victory in sports. In a civil trial involving damages, a default judgment will enter the amount of damages pleaded in the original complaint. If proof of damages is required, the court may schedule another hearing on that issue.
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case.
The Clerk of the Circuit Court will then prepare a record containing all pleadings, exhibits, and orders, and will transmit that to the higher court. The appellant must also post a supersedeas bond if they wish to prevent the other party from collecting on any judgment that was awarded in the trial court; an appealing plaintiff must post an ...
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In law, a default is the failure to do something required by law or to comply with a contractual obligation. Legal obligations can arise when a response or appearance is required in legal proceedings, after taking out a loan , or as agreed in a contract ; failure to carry them out puts one in defaults of the obligations.
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During the trial, "on the Tuesday afternoon in Westminster Hall, the King again refused to recognise the jurisdiction of the Court;" John Phelps as the Clerk "formally demanded his answer, [the King] refused, and default was recorded." [3] Under English law at the time, a refusal to enter a plea was entered as a guilty plea.
A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court.