A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion for Default - Default - Official, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. FL-12922-AB
A Tallahassee Florida Motion for Default — Default is a legal procedure that can be filed by a party in a civil case when the opposing party fails to respond or take action within the specified timeframe. It is a significant step in the litigation process that may result in a default judgment being awarded to the filing party. In Tallahassee, Florida, there are two main types of Motions for Default — Default that can be filed: 1. Motion for Default — This motion can be filed when the opposing party fails to respond to the initial complaint or fails to appear in court after being properly served with the necessary legal documents. The filing party must demonstrate that they followed all legal procedures, provided proper notice, and the opposing party failed to respond or attend court hearings. If granted, a default can be entered against the non-responsive party. 2. Motion for Default Judgment — Once a motion for default has been granted, the filing party can proceed to file a motion for default judgment. This motion is filed to request the court to enter a final judgment in favor of the party who filed the original complaint. The court will review the evidence presented by the filing party to assess if it is sufficient to warrant a judgment in their favor. If the court is satisfied, it can award a default judgment, which is legally binding and enforceable. When filing a Tallahassee Florida Motion for Default — Default, it is crucial to ensure that all legal requirements and deadlines are met. The filing party must demonstrate that proper notice was given, and the opposing party had sufficient time to respond or appear. Failure to follow procedural rules may result in the motion being denied. It is important to note that a Motion for Default — Default is a serious legal action and should only be pursued after careful consideration and consultation with an attorney.