Default

What default means

In practice, you will see default in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where default comes up

For example, the term appears in these procedures:

• Entry of Default and Default Judgment (Fed. R. Civ. P. 55(a)–(b)): the two-step procedure that applies when a party against whom relief is sought has failed to plead or otherwise defend.
• Motion to Set Aside a Default (Fed. R. Civ. P. 55(c)): a request to undo an entry of default, or a default judgment.

How to research the term

Start with the primary source. For example, if default appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read default in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the official rule text online for free.

Related legal terms

• Default judgment: a judgment entered against a party who failed to plead or otherwise defend.
• Clerk of court: the court officer who maintains records, accepts filings and performs duties assigned by the rules, such as entering defaults.
• Good cause: a legally sufficient reason. Many rules require a showing of good cause before the court will grant a request.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.