PRETRIAL ADJUDICATION
...Default
......Entry of Default
.........Effect of Entry of Default
6 Cards On This Topic:
  • Default judgment deemed admission by defendant of truth of all material allegations in complaint.
  • By permitting default to be entered, defendant confesses truth of all material allegations in complaint.
  • Default judgment deemed admission by defendant of truth of all material allegations in complaint.
  • Entry of default terminates defendant’s right to participate further in litigation until default set aside or default judgment entered.
  • Defendant against whom default entered is "out of court" and not entitled to take any further steps in trial ct. in cause affecting plaintiff’s right of action until default cured.
  • Since default judgment is judgment on merits and res judicata, defendant may not relitigate claim.