North Dakota Entry of Default - B 260

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US-B-260
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This form is an entry of default. This form is used when the defendant fails to plead or otherwise defend in a case as required by law.

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FAQ

(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.

If the condition of the bond has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligor and release any bail. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defendant into custody.

In a non-felony case, if the defendant pleads guilty without appearing in court, a written form must be used advising the defendant of his or her constitutional rights and creating a record showing that the plea was made voluntarily, knowingly, and understandingly.

If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief.

This means that you do not file any response by the deadline. The Plaintiff then can ask the judge to decide the case without your input. This is called a default or a default judgment.

Rule 43 of the Federal Rules of Criminal Procedure deals with the presence of the defendant during the proceedings against him. It presently permits a defendant to be tried in absentia only in non-capital cases where the defendant has voluntarily absented himself after the trial has begun.

Unless this rule provides otherwise, the defendant must be present at: (1) the initial appearance, the arraignment, and the plea; (2) every trial stage, including jury impanelment and the return of the verdict; and. (3) sentencing. Presence by interactive television is presence for the purposes of this rule.

47. The rule is intended to state the general requirements for all motions. To achieve flexibility, the rule does not require grounds for a motion to be stated with particularity, and the use of declarations in support of a motion is permissive.

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North Dakota Entry of Default - B 260