What is a default?

• A. A default is a final resolution by the judge after a hearing
• B. A default is a notation in the court's record that the party has failed to properly respond to a claim against them
• C. A default is a negotiable instrument
• D. A default is a request for dismissal

Answer: (B)

A default is the court’s record entry showing that a party has failed to respond to a claim within the time allowed after proper service. Once someone is properly served, they must file an answer or move to dismiss or other defenses by a deadline. If they don’t, the court can enter a default against them. That entry signals the party has not defended the case, and it may lead to a default judgment, but the default itself is just the notice of nonresponse, not the final decision on the merits. The other options describe things that are not defaults: a final resolution after a hearing would be a default judgment, a negotiable instrument is unrelated to civil procedure, and a request for dismissal is a separate procedural move.