Def failed to thoroughly/properly answer summons and complaint. Plf filed motion for default judgment. Before hearing Def hired lawyer who filed proper answer and affirmative defenses. Motion for default will be heard at pretrial, is it moot?
Any way to press for the judgment?
1 Answer from Attorneys
Most likely, the judge will not default the defendant. Remember, when you demand to adhere to the rules extremely strictly, when you mess something up, the opponent not only will be unwilling to grant you any leeway, but your opponent will remind the judge of your past actions. I always try to cut the opponent some slack in this regard because you never know when you'll need a favor (such as missing a witness list filing date by a day, getting delayed for a hearing, etc.)
Related Questions & Answers
I posted on social media that a relative was a child molester. I supported my claim... Asked 8/03/13, 3:36 pm in United States Michigan General Civil Litigation
Someone drove through my backyard without permission and hit the underside of his... Asked 7/30/13, 9:31 am in United States Michigan General Civil Litigation
What is the statute of limitations to file a small claim suit in the State of... Asked 7/19/13, 10:07 am in United States Michigan General Civil Litigation
My 82 year old grandmother's husband of 27 years died in 2011 and his family did not... Asked 7/02/13, 9:42 am in United States Michigan General Civil Litigation
On 6/28 I had a pre-trial I am the plaintiff in a civil matter I am representing... Asked 7/01/13, 10:42 am in United States Michigan General Civil Litigation