Can a defendant be in default if he has appeared in the lawsuit?

• A. No
• B. Yes
• C. Only if the judge says so
• D. Only if the case is dismissed

Answer: (B)

Default is about failing to plead or defend as the rules require, not merely about showing up. A defendant can appear in the lawsuit to participate or challenge the case, but that appearance does not automatically satisfy the requirement to file a responsive pleading. If, after being served, the defendant appears but then fails to plead (or otherwise defend) within the time allowed, the plaintiff can seek entry of default on the grounds of that failure. The defendant could later move to set aside the default if there’s a showing of good cause and a potentially meritorious defense. So, yes—the defendant can be in default even after an appearance.