Civil Procedure Exam 2 Rules Questions With Complete Solutions

Three options when responding to a complaint correct answer: -Answer -Rule 12 Defenses -Default/Default judgment What happens in default correct answer: -D must respond e/ motion/answer within 21 days after service[rule 12a] -Steps to default judgment begin -OR setting aside [reversing - 55c] What happens when the clerk enters default correct answer: -no relief yet! -D has failed to plead or otherwise defend -P has shown failure [affidavit or otherwise] To set aside default or default judgment correct answer: -show good cause -use rule 60b -court uses same 3 factors for setting aside both entry of default and default judgment [case law provides sub rules for each factor] What are the 3 factors the court uses for setting aside both entry of default and default judgment correct answer: -Will plaintiff be prejudiced if case is reopened? -Has defendant presented meritorious defense? -did defendant act culpably[willfully] in failing to respond? How do you satisfy Rule 55(b)(1)? correct answer: -sum certain -P requests from clerk w/ affidavit of amount due -clerk MUST enter How do you satisfy Rule 55(b)(2)? correct answer: -P applies to the court -court may conduct a hearing -relief limited to that lawfully granted on well-pleaded facts in complaint per rule 54c.