Default Prove Up Hearing With California In Maryland
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FAQ
In California, entry of default completely cuts off a party's right to appear in the action (e.g., take discovery, file motions other than a motion for relief from default or contest the material allegations of the complaint for purposes of the action).
A default prove up is essentially a short court hearing where the individual seeking the divorce presents evidence to the judge. This is necessary because, in a default situation, the judgment is submitted without the agreement or participation of the other spouse.
The court will still accept a response from the defendant after 30 days, until you file a Request for Entry of Default. Once the clerk enters a default in the court record, the defendant is no longer able to file a response or otherwise participate in the case.
Once the Order of Default is issued, the defendant has 30 days to respond and explain why they did not answer the initial Complaint and/or why the Order of Default should not proceed. If the Defendant does not respond to the Order of Default, the case will be scheduled for an uncontested hearing.
To stop the entry of a default or default judgment before it is entered, one generally has to file something in court. This can be an Answer, a Motion to Extend Time, a Motion to Quash Service of Process, or perhaps others. A motion will likely interrupt entry of a default, but a motion is merely a request.
Under CCP § 473(b), the court may set aside a default and default judgment if the defendant asking for the set aside presents enough evidence to the court to demonstrate that the default was entered by inadvertence, mistake, surprise, or excusable neglect.