Defaults and Dismissals Before Trial

Question 1

default

Answer 1

entered by a clerk if there is no timely answer by D

Question 2

default judgments

Answer 2

are made by clerk for a “sum certain” (can be w/out notice) or by a judge w/ notice given 7 days before entry of judgment
- a default may be set aside for good cause shown

Question 3

with prejudice

Answer 3

P cannot refile the lawsuit

Question 4

no progress dismissals

Answer 4

if P fails to prosecute, the court will usually dismiss the case w/ prejudice

Question 5

involuntary dismissals

Answer 5

if P fails to comply w/ court orders, the court will usually dismiss the case w/ prejudice

Question 6

voluntary dismissals

Answer 6

by P are generally W/OUT prejudice

However, if P voluntarily dismisses the case a 2nd time, the 2nd dismissal is w/ prejudice

ET: one free voluntary dismissal