Rule 42. Default

Category: Rules of The Superior Court Section: COMMENCEMENT OF ACTION

(a)  When a party against whom a Complaint or other pleading (see Rule 6) requiring a response has been filed fails to timely Answer or otherwise defend, the party shall be defaulted.  No such default shall be stricken off, except by agreement, or by order of the court upon such terms as justice may require. The court shall strike the default only upon motion and affidavit of defense, specifically setting forth the defense and the facts on which the defense is based.

(b)  Final default may be entered by the court, sua sponte, where appropriate, or by motion of a party, a copy of which shall be sent to all parties defaulted or otherwise.

(c)  In all cases in which final default is entered, whether due to failure to file an Answer or otherwise, the case shall be marked “fina

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