Advise on a default when a party has failed to plead or otherwise defend
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the orders and the court record supplied, record whether a judgment for affirmative relief is sought, what plea or defense is said to be missing, and whether the party has appeared personally or by a representative. Do not decide that the party is in default and do not draft the request.
- What the lawyer must review
- You decide whether Rule 55 is met and what to ask for, and you write the papers. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default. The clerk enters judgment only for a sum certain, on request with an affidavit showing the amount due, against a defendant defaulted for not appearing who is neither a minor nor an incompetent person. In other cases you apply to the court. If the party has appeared, that party or its representative must be served with written notice of the application at least 7 days before the hearing. The court may set aside an entry of default for good cause, and a final default judgment under Rule 60(b). A default judgment against the United States, its officers, or its agencies requires evidence that satisfies the court. Presenting the application is a Rule 11 certification. Formal Opinion 512 requires review of generated text before it reaches the court.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Limit any support to organising, indexing or comparing the source material. Confirm the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm each factual assertion with the witness and original record. Preserve the witness’s own knowledge and words, and check the court’s rules for this document.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.