A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion for Default - Default - Official, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. FL-12922-AB
A Miami-Dade Florida Motion for Default — Default is a legal document filed in the Miami-Dade County court system to request that the court enter a default judgment in favor of the plaintiff when the defendant fails to respond or appear in a lawsuit within the specified time frame. This motion essentially asks the court to grant a judgment in favor of the plaintiff without a trial or further litigation. In Miami-Dade County, there are two main types of Motions for Default — Default: 1. Motion foDefaultul— - Clerk's Default: This motion is filed when the defendant fails to file a response or answer to the plaintiff's complaint within the prescribed time under Florida law. The plaintiff can request the clerk of the court to enter a default against the defendant, signaling their failure to participate in the lawsuit. Once the clerk's default is entered, the plaintiff can proceed with seeking a default judgment. 2. Motion for Default — Judicial Default: This type of motion is filed when the defendant has filed a response or answer but fails to comply with other requirements or deadlines set by the court, such as failing to appear for hearings, not providing requested documents, or not complying with court orders. The plaintiff may file a motion requesting the court to enter a judicial default based on the defendant's non-compliance with these obligations. Keywords: Miami-Dade, Florida, Motion for Default, Default judgment, lawsuit, court system, plaintiff, defendant, response, answer, time frame, litigation, Motion for Default — Clerk's Default, Motion foDefaultul— - Judicial Default, clerk of the court, compliance, hearings, documents, court orders.A Miami-Dade Florida Motion for Default — Default is a legal document filed in the Miami-Dade County court system to request that the court enter a default judgment in favor of the plaintiff when the defendant fails to respond or appear in a lawsuit within the specified time frame. This motion essentially asks the court to grant a judgment in favor of the plaintiff without a trial or further litigation. In Miami-Dade County, there are two main types of Motions for Default — Default: 1. Motion foDefaultul— - Clerk's Default: This motion is filed when the defendant fails to file a response or answer to the plaintiff's complaint within the prescribed time under Florida law. The plaintiff can request the clerk of the court to enter a default against the defendant, signaling their failure to participate in the lawsuit. Once the clerk's default is entered, the plaintiff can proceed with seeking a default judgment. 2. Motion for Default — Judicial Default: This type of motion is filed when the defendant has filed a response or answer but fails to comply with other requirements or deadlines set by the court, such as failing to appear for hearings, not providing requested documents, or not complying with court orders. The plaintiff may file a motion requesting the court to enter a judicial default based on the defendant's non-compliance with these obligations. Keywords: Miami-Dade, Florida, Motion for Default, Default judgment, lawsuit, court system, plaintiff, defendant, response, answer, time frame, litigation, Motion for Default — Clerk's Default, Motion foDefaultul— - Judicial Default, clerk of the court, compliance, hearings, documents, court orders.
