A plaintiff initiates a lawsuit in federal court for property damage, but the defendant does not respond within the timeframe established by the FRCP. What steps should the plaintiff take to secure a judgment in light of the defendant’s failure to respond?
Proceed to trial and do not address the defendant's lack of participation.
File a notice with the court about the defendant's non-response and request a decision based on the complaint.
Request the court to dismiss the case due to the defendant’s inaction.
Wait for the court to rule in favor of the plaintiff without taking additional steps.
The plaintiff must formally inform the court of the defendant’s lack of response and request a judgment based on that absence. Simply waiting, proceeding to trial without action, or seeking dismissal do not follow the correct procedure for obtaining a court ruling when a defendant fails to respond.
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What is a default judgment under the Federal Rules of Civil Procedure (FRCP)?
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Multistate Bar Examination
Civil Procedure
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