Which statement correctly distinguishes a default from a default judgment?

Which statement correctly distinguishes a default from a default judgment?

• A. The default is a notation; the default judgment is the official judgment obtained
• B. They are the same thing
• C. A default occurs after a trial
• D. A default is an injunction

Answer: (A)

In civil procedure, a default is just a notation in the docket indicating that the defendant has failed to plead or defend within the time allowed. It doesn’t decide the merits of the case. A default judgment is the actual court order entered after that failure, granting relief to the plaintiff based on the default and the pleadings, and it can include damages or other remedies as appropriate. So the statement that the default is a notation and the default judgment is the official judgment obtained reflects that two-step reality: first, the failure to respond is recorded; then the court enters a judgment resolving the case. The other descriptions aren’t accurate: they treat default and default judgment as the same thing, suggest a default happens after a trial, or call a default an injunction, none of which align with how defaults and default judgments work.

In civil procedure, a default is just a notation in the docket indicating that the defendant has failed to plead or defend within the time allowed. It doesn’t decide the merits of the case. A default judgment is the actual court order entered after that failure, granting relief to the plaintiff based on the default and the pleadings, and it can include damages or other remedies as appropriate. So the statement that the default is a notation and the default judgment is the official judgment obtained reflects that two-step reality: first, the failure to respond is recorded; then the court enters a judgment resolving the case. The other descriptions aren’t accurate: they treat default and default judgment as the same thing, suggest a default happens after a trial, or call a default an injunction, none of which align with how defaults and default judgments work.