Default judgment is an order by a court that renders judgment in favor of a party because the other parties did not appear or respond to the complaint. A default judgement is governed by Ohio Civil Rule 55 which is part of the Ohio Rules of Civil Procedure. It occurs when the defendant in a civil action fails to answer the complaint within a specified time set under the rule. Once the time has passed, the complaining party must file a motion with the court. While it renders judgment in favor of the moving party, the court may conduct a hearing to determine damages after the default judgement is granted.
Motions for Default Judgment
In a motion for a default judgement, the plaintiff must include the caption of the case, a statement of the facts, and state how the defendant failed to timely respond to the complaint. They must also add documents proving that the defendant was properly served with the summons and complaint. They must also ask the court to enter a default judgement and set the matter for a damages hearing. In a damages hearing, the plaintiff must present evidence to support their claims. They can present documents, testimony, expert opinions, or any relevant evidence. The court will review all the evidence and issue an order reflecting the amount of damages. It is important to know that a default judgement may not be granted against a minor or incompetent person unless they are represented by a guardian. It also can not be granted against the state or political subdivision or someone in their representative authority, unless the complaining party has sufficient evidence against that party.
How Can You Set Aside a Default Judgment
In certain cases, even if a motion for default judgment is granted, it can be set aside at a later date. This is typically governed by Ohio Civ. Rule 60(B). If a party seeks to set aside a default judgment, they can file a motion to vacate the judgment under this rule. The party seeking it must usually show several things in order to set aside the judgment. There are grounds set forth under Rule 60(B). These include:
- mistake, inadvertence, surprise or excusable neglect;
- newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(B);
- fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party;
- the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or
- any other reason justifying relief from the judgment.
It is important to note that a motion to set aside the judgment must be filed within the time prescribed by the rule, which is no later than one year after the judgment and within a “reasonable time” which will be determined based on the facts and circumstances. There may be other grounds to set aside the judgment such as improper notice, due process concerns, or jurisdictional defenses.
Can You Appeal a Default Judgment?
A default judgement can be appealed to a higher court for review. Initially, the appealing party must file a notice of appeal within 30 days of the judgement. That notice must be filed with the court that issued the default judgement. Next, the appellate record must be prepared which includes all the documents from the original court. A brief must be submitted to the appellate court arguing why the default judgement should be overturned. Sometimes, the court will schedule an oral argument. The appellate court will review the case and render its decision. On appeal, appellants often challenge the trial courts of a motion to set aside a default judgment under Rule 60(B). This is typically done using an abuse of discretion standard. When the appeal involves questions as to whether the trial court had jurisdiction or whether proper notice was given, the appellate review will be a de novo review. As with most appellate issues, it is important that the issues appealed are preserved by objection in the trial court whether they be jurisdictional, constitutional or based on the alleged insufficiency of the evidence.
About the Authors: Sawan & Sawan is a multi-generational, family owned law firm practicing law in the areas of car accidents, truck accidents, and other personal injury. Our firm practices law in Ohio and Michigan.
Dennis P. Sawan
