Helix BBQ: Civil Procedure Dismissal Summary Judgment, and Default Judgment with Explanations

Which of the following statements about a motion for summary judgment is accurate?

D. In deciding it, the court must view the evidence in the light most favorable to the nonmoving party.

Solution: The correct answer is D.

Answer option D is correct. A motion for summary judgment is a pretrial motion, but it does not challenge the sufficiency of allegations in a pleading. In determining it, the court will assess the evidence obtained through discovery, viewing same in the light most favorable to the nonmoving party.

Which of the following statements about dismissal is accurate?

A.A court can dismiss an action based on the plaintiff’s failure to prosecute it.

Solution: The correct answer is A.

Answer option A is correct. This is the only accurate statement; a court can involuntarily dismiss an action based on: (1) the plaintiff’s failure to prosecute it, (2) the plaintiff’s failure to comply with the rules or a court order, or (3) a defendant’s motion to dismiss under Rule 12.

A plaintiff files a breach of contract complaint against an adult defendant, seeking liquidated damages.

If the defendant fails to make an appearance in the case and the plaintiff submits an affidavit showing the amount due, who would be the authority to enter a default judgment?

B.The court clerk.

Solution: The correct answer is B.

Answer option B is correct. The court clerk must enter default judgment if the claim is for a sum that is certain or can be made certain by computation, the responding party has not made an appearance in the case, the party seeking default judgment has submitted an affidavit showing the amount due, and the party who defaulted is not a minor or an incompetent person.

Which of the following is a possible outcome if the defendant files and loses a motion to dismiss and then fails to make any further appearance in the case?

D.The trial judge could enter a default judgment upon application by plaintiff and after a hearing.

Solution: The correct answer is D.

Answer option D is correct. Because the defendant has made an appearance in the case, only the court (not the clerk of courts) has the authority to enter a default judgment, provided that it is applied for by the plaintiff and after a hearing.

 

In which of the following scenarios might entry of a default judgment be mandatory?

C.Where the plaintiff sued for liquidated damages in a contract case, and the defendant failed to respond.

Answer option C is correct. The entry of a default judgment is mandatory if the claim is for a sum certain (or a sum that can be made certain by computation), the responding party makes no appearance in the case, and the party seeking the default judgment has submitted an affidavit showing the amount due, and the party who defaulted is not a minor or an incompetent person. Under these rules, answer option C is the only answer option in which entry of a default judgment could be mandatory (provided that the plaintiff submits the required affidavit).

Which of the following is an accurate statement regarding the entry of default and the entry of default judgment?

C.An entry of default must precede an entry of default judgment.

Solution: The correct answer is C.

Answer option C is correct. Obtaining a default judgment requires a two-step process. First, there must be an entry of default by the clerk of court. Second, there must be an entry of default judgment. In some instances, the entry of the default judgment is mandatory and is done by the clerk of court. In others, the trial judge issues the default judgment.