Does a default admit anything?Ī default admits all factual allegations and all reasonable inferences drawn from a complaint.īut a default does not admit legal conclusions that are reserved for the court's determination. Other ways a party can default is by a) failing to proceed to trial as ordered by the court b) failing to comply with an order for disclosure c) failing to pay a penalty as ordered by the court and d) failing to plead pursuant to an order dismissing an action with leave to re-plead.
A “default” is defined as “an omission, or a failure to do that which is anticipated, expected, or required in a given situation." ().įailing to answer a complaint or otherwise appear in a lawsuit is one way to default.
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