![]() The default judgment means that the party who complied with the terms of the lawsuit, including appearing at court as scheduled, wins the case. Failure to respond as required, or failure to make an appearance at the scheduled court hearing, can result in the court issuing a default judgment in favor of the party who did appear. Once the defendant has been legally served with the appropriate documents, he has a specific amount of time to respond. The proof of service must be filed with the court before the matter may continue.įollowing this initial personal service, both parties must ensure the other party is served with any additional documents in the lawsuit, though service may occur through the mail if someone not involved in the lawsuit mails the documents and signs a proof of service. This is called “ service of process,” and the person serving the papers must complete and sign an affidavit, referred to as a “ proof of service,” swearing to the time, place, and manner of service. The plaintiff in a civil action has the responsibility of ensuring the summons and complaint are personally given to the defendant by a process server or other person qualified to make service. ![]() Service of Process, Appearance, and the Default Judgment ![]() A binding judgment in favor of either party to a civil action when the opposing party fails to take action. ![]()
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