What happens when a defendant fails to respond to a complaint within the time allowed?

What happens when a defendant fails to respond to a complaint within the time allowed?

• A. The plaintiff may obtain a default judgment under FRCP 55.
• B. The case is automatically dismissed.
• C. The court will issue a warning to the defendant.
• D. The plaintiff must file a separate action for default.

Answer: (A)

When a defendant fails to respond within the time allowed, the plaintiff may obtain a default judgment under FRCP 55. The process starts with the clerk entering a default for failure to plead or defend, and then the plaintiff moves for a default judgment under Rule 55(b). This outcome is a procedural remedy within the same case and is not an automatic dismissal, nor does it require filing a separate action for default. The defendant can later seek to set aside the default for good cause under Rule 55(c).

When a defendant fails to respond within the time allowed, the plaintiff may obtain a default judgment under FRCP 55. The process starts with the clerk entering a default for failure to plead or defend, and then the plaintiff moves for a default judgment under Rule 55(b). This outcome is a procedural remedy within the same case and is not an automatic dismissal, nor does it require filing a separate action for default. The defendant can later seek to set aside the default for good cause under Rule 55(c).