Entry of default and default judgment - Next Generation Bar Exam

1. How may a defendant who ignored a suit in a court lacking personal jurisdiction challenge the resulting default judgment?

   By collaterally attacking it for lack of personal jurisdiction when the plaintiff tries to enforce it. A defendant who appears and loses on jurisdiction may not later relitigate the issue collaterally.

2. Under Rule 55(b)(2), what notice must be given before the court enters a default judgment against a party who has appeared?

   Written notice of the application at least seven days before the hearing. An appearance can be informal; any indication of intent to defend may suffice.

3. What standard governs setting aside an entry of default?

   Good cause. This standard is more lenient than the standard for setting aside a default judgment.

4. Under Rule 55(a), when must the clerk enter a party's default?

   When the party has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise. Entry of default precedes, and is distinct from, a default judgment.

5. Under Rule 55(b)(1), when may the clerk enter a default judgment?

   When the claim is for a sum certain and the defendant, not a minor or incompetent, has defaulted by failing to appear. The plaintiff must submit an affidavit showing the amount due.

6. When may a default judgment entered without personal jurisdiction or proper service be set aside under Rule 60(b)(4)?

   Within a reasonable time, because the judgment is void. Courts generally do not impose a strict time limit on challenges to void judgments.

7. Under what rule may a court set aside a default judgment?

   Rule 60(b). Grounds include mistake, inadvertence, surprise, excusable neglect, and a void judgment.

8. Counsel misses the answer deadline by three days through a calendaring error; the defense is meritorious and causes no prejudice. How will the court likely rule on setting aside default?

   It will set aside the default for good cause. The default was not willful, the plaintiff suffered no prejudice, and the defendant has a meritorious defense.

9. Under Rule 54(c), what limit applies to relief granted by default judgment?

   It must not differ in kind from, or exceed in amount, what is demanded in the pleadings. Other judgments may grant relief to which the party is entitled even if not demanded.

10. When may a default judgment be entered against a minor or incompetent person?

    Only if the person is represented by a general guardian, conservator, or other like fiduciary who has appeared. The rule protects those who cannot defend themselves.

11. Which factors guide whether good cause exists to set aside an entry of default?

    Whether the default was willful, whether setting it aside would prejudice the plaintiff, and whether a meritorious defense exists. Courts favor resolving cases on the merits.

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