Meaning Of Default Hearing

Ultimately when a party is in default the court will set the matter for a default hearing.

Meaning of default hearing. A default hearing is when you come to court to tell the judge about your case and ask the judge for. Most often it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. During the default hearing the court may hear testimony from you and consider evidence that you submit in support of your requests for relief e g alimony child support equitable distribution resume use of prior name etc.

A default hearing is when one party does not show up. The other kind of default is a default judgment generally the last step in finalizing an uncontested divorce. If the person being accused does not show the court issues a default judgement against that person for whatever damages.

The court does not offer a public defender or court appointed counsel in cases like this but most people do represent themselves so the judge will not hold that against you. A default hearing is the time the court has an opportunity to enter final orders even without the other party s participation in the case. A default hearing is a court date scheduled by the court when a default has been entered against the other party.

The default hearing in most counties if the defendant does not file an answer to your claim and if the court file shows that service of process on the defendant was completed the court will schedule your claim for a default hearing. Rather than a one half day hearing or even a full day hearing the court is more prone to set the matter for a 30 minute hearing. When a party fails to respond to a divorce petition within the time proscribed by law the party is in default this can also happen if a party fails to show up for a court hearing.

To fail to do something such as pay a debt that you legally have to do. Default judgments are most often awarded to plaintiffs when the defendant fails to respond but a defendant may be awarded such a judgment in the event the plaintiff fails to attend a hearing or trial or fails to meet certain deadlines for filing documents. If the person filing the claim does not show the court usually dismisses the complaint unless there is good reason for the non appearance like being in the hospital.

The default judgment is the relief requested in the party s original petition. A motion for default is a legal term of art. Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party.