Who can issue a default judgment in some cases?

Who can issue a default judgment in some cases?

• A. The Clerk
• B. The Plaintiff
• C. The Defendant
• D. The Jury

Answer: (D)

Default judgments occur when a defendant fails to respond, and the power to enter that judgment lies with the court. In many systems, the clerk can enter a default judgment for a fixed, sum-certain amount after proper notice and proof, but if the damages aren’t a sum certain or a hearing is needed to fix them, the judge must conduct a hearing and render the judgment. The jury does not issue default judgments; a jury’s role is to decide disputed facts in a trial, not to mechanically grant a default. The plaintiff or defendant cannot unilaterally issue a default judgment.

Default judgments occur when a defendant fails to respond, and the power to enter that judgment lies with the court. In many systems, the clerk can enter a default judgment for a fixed, sum-certain amount after proper notice and proof, but if the damages aren’t a sum certain or a hearing is needed to fix them, the judge must conduct a hearing and render the judgment. The jury does not issue default judgments; a jury’s role is to decide disputed facts in a trial, not to mechanically grant a default. The plaintiff or defendant cannot unilaterally issue a default judgment.