Civil Procedure Multistate Bar Practice Exam

What consequence does the entry of default have on a defendant’s rights?

1. It allows the defendant to respond to the claim

2. It severs the defendant's right to respond

3. It automatically grants relief to the plaintiff

4. It requires a trial to determine the outcome

The correct answer is: It severs the defendant's right to respond

Entry of default severs the defendant's right to respond to the claim in a civil procedural context. When a plaintiff obtains a default against a defendant, it indicates that the defendant has failed to plead or defend against the charges within the prescribed timeframe. As a result, the default operates as an admission of liability, effectively preventing the defendant from contesting the claims raised in the lawsuit at that stage. This concept is grounded in the principle that when a party fails to engage with the court system appropriately, they risk forfeiting their ability to contest the matter, which can impact their legal rights significantly. Following an entry of default, the court may then proceed to grant relief to the plaintiff without a trial, contingent on the nature of the claims and the relief sought. In general, allowing defaults helps to maintain the efficiency of the judicial process by discouraging parties from ignoring court orders.