Paralegal Certification PrepLitigationEasy
A paralegal is assisting an attorney in a civil case where the defendant has failed to respond to the plaintiff's complaint within the legally prescribed time frame. The paralegal needs to initiate the next step to secure a judgment without a trial. Which of the following motions should the paralegal prepare?
- AMotion in Limine
- BMotion to Compel Discovery
- CMotion for Default Judgment
- DMotion for Summary Judgment
Show answer & explanationAnswer & explanation
Correct answer: C. Motion for Default Judgment
When a defendant fails to respond to a complaint, they are considered in default. A motion for default judgment is the appropriate legal procedure to request the court to enter a judgment against the defaulting party.
Why the other options are wrong
- A. A Motion in Limine is filed before or during trial to exclude certain evidence, not to secure a judgment for non-response.
- B. A Motion to Compel Discovery is used to force a party to provide requested discovery materials, not for a failure to respond to a complaint.
- D. A Motion for Summary Judgment seeks a judgment based on undisputed facts, not a failure to respond.
Motion for Default Judgment
A request made by a plaintiff to a court for a judgment against a defendant who has failed to appear in court or file an answer to the plaintiff's complaint.
- Filed when defendant fails to respond to complaint
- Can result in judgment without trial
- Requires proof of proper service
Memory trick: Don't Respond, Default's On!