default of pleadings

default of pleadings
failure by either party to complete a step required of him in the prescribed time limits. So, where the plaintiff is required to serve a statement of claim on a defendant and fails to do so, the defendant, after the expiration of the period prescribed for service of the statement of claim, may apply to the court for an order to dismiss the action; the court may dismiss the action or make such other order on such terms as it thinks just. Also, if a defendant fails to serve a defence the plaintiff, after the expiration of the period prescribed for service of a defence, he may (subject to the nature of the claim) obtain a final or interlocutory judgment in default. The court may, on such terms as it thinks just, set aside or vary any default judgment thus obtained.

Collins dictionary of law. . 2001.

Игры ⚽ Нужно решить контрольную?

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  • default — de·fault /di fȯlt, dē ˌfȯlt/ n [Anglo French defalte defaute lack, fault, failure to answer a summons, from defaillir to be lacking, fail, from de , intensive prefix + faillir to fail] 1: failure to do something required by duty (as under a… …   Law dictionary

  • Default judgment — Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue …   Wikipedia

  • Default (law) — In law, a default is the failure to do something required by law or to appear at a required time in legal proceedings. In the United States, for example, when a party has failed to file meaningful response to pleadings within the time allowed,… …   Wikipedia

  • judgment — A sense of knowledge sufficient to comprehend nature of transaction. Thomas v. Young, 57 App. D.C. 282, 22 F.2d 588, 590. An opinion or estimate. McClung Const. Co. v. Muncy, Tex.Civ.App., 65 S.W.2d 786, 790. The formation of an opinion or notion …   Black's law dictionary

  • judgment — A sense of knowledge sufficient to comprehend nature of transaction. Thomas v. Young, 57 App. D.C. 282, 22 F.2d 588, 590. An opinion or estimate. McClung Const. Co. v. Muncy, Tex.Civ.App., 65 S.W.2d 786, 790. The formation of an opinion or notion …   Black's law dictionary

  • PRACTICE AND PROCEDURE — CIVIL Court Sessions The courts of three (judges) exercising jurisdiction in civil matters (see bet din ) held their sessions during the day, but – following Jethro s advice to Moses that judges should be available at all times (Ex. 18:22) – they …   Encyclopedia of Judaism

  • procedural law — Law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress (e.g., in a suit). It is distinguished from substantive law (i.e., law that creates, defines, or regulates rights and duties). Procedural law …   Universalium

  • judgment — judg·ment also judge·ment / jəj mənt/ n 1 a: a formal decision or determination on a matter or case by a court; esp: final judgment in this entry compare dictum, disposition …   Law dictionary

  • judgment — noun 1. an opinion formed by judging something (Freq. 19) he was reluctant to make his judgment known she changed her mind • Syn: ↑judgement, ↑mind • Derivationally related forms: ↑judgmental …   Useful english dictionary

  • judicial decision — noun (law) the determination by a court of competent jurisdiction on matters submitted to it • Syn: ↑judgment, ↑judgement • Derivationally related forms: ↑judge (for: ↑judgment) …   Useful english dictionary

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