Not quite correct on the summary

Posted by Taziblue (68.218.40.225) on January 31, 2004 at 15:58:44:

In Reply to: What is the Difference between,,,,,,,, posted by Marion on January 30, 2004 at 09:10:34:

A default judgment is granted when the defendant does not respond - either by filing an answer if requested or showing up at a pre-trial conference.

A summary judgment says to the court that there are no material disputes of fact and that the court should grant the judgment based on the information presented.

It is a favorite trick of lawyers - it happens in trial as well - after the plaintiff presents the case, the defense will ask for dismissal saying they did not prove the case.

So, a default occurs if the person sued does not respond. Say the answer is supposed to be filed by Friday, the 1st. THe answer is filed on the following Friday, the 8th. IF the answer is filed before the default judgment, then the opportunity to win a default is gone.

If you are in a case, and the other side requests a summary judgment, file an objection to motion for summary judgment.

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