What is the definition of default for purposes of the Rules?

• A. If a party has a claim for relief against them and fails to respond as required by the Rules
• B. When a party forgets to file a pleading
• C. When a party wins but fails to appear
• D. When a party files a response late but with errors

Answer: (A)

Default means a party against whom relief is sought has failed to respond or defend as the Rules require after proper service. When someone who is on the other side of a claim does not answer in the time allowed (or fails to appear and comply with the required procedures), the court can enter a default and, with proper notice and the other prerequisites met, may enter a default judgment. This concept covers more than just missing a single filing; it encompasses failing to plead or defend in the manner the Rules require. The other options describe situations that aren’t the general definition of default: simply forgetting a pleading is not the same as failing to respond within the Rules; a party that wins but doesn’t appear isn’t default; and a late filing with errors isn’t default unless the failures to adhere to the Rules are treated as such.