In Memphis, Tennessee, a Motion for Default is a legal document filed by a party in a civil lawsuit when the opposing party fails to respond or appear within the required time limits. This motion seeks a default judgment in favor of the moving party due to the other party's noncompliance, effectively resolving the case without going to trial. The motion notifies the court of the non-responsive party's default and requests the court to proceed with entering a judgment in favor of the moving party. There are different types of Motion for Default in Memphis, Tennessee, depending on the stage of the lawsuit and the specific circumstances. Some of these include: 1. Motion for Default Judgment: This type of Motion for Default is filed after the opposing party has failed to respond to the complaint or failed to adhere to court deadlines, such as failing to file an answer or appear in court. The moving party asks the court to grant a default judgment, which would typically result in a ruling in their favor. 2. Motion for Default Inquest: In situations where the opposing party has failed to appear at a scheduled hearing or trial, the moving party may file a Motion for Default Inquest. This motion requests the court to hold a hearing in the absence of the non-responsive party and make a judgment based on the evidence presented by the moving party. 3. Motion for Default Damages: If the moving party is seeking monetary damages as part of their lawsuit, they may file a Motion for Default Damages. This motion asks the court to assess and award appropriate damages to compensate the moving party for any losses or harm they have suffered due to the opposing party's failure to respond or appear. It's important to note that each type of Motion for Default must comply with the specific rules and procedures set forth in the Tennessee Rules of Civil Procedure and the local rules of the Memphis court. The moving party must serve the motion on the opposing party and provide proof of such service to the court. Additionally, the moving party must include a memorandum of law outlining the legal basis for the default judgment. The court will review the motion and supporting documents before deciding whether to grant the default judgment or proceed with a hearing in the absence of the non-responsive party. Overall, a Motion for Default in Memphis, Tennessee is a legal tool used by litigants when the opposing party fails to respond or comply with court proceedings. It enables the moving party to seek default judgment, default damages, or request a hearing in the absence of the non-responsive party.