Rule 43.1 Default Judgments in Civil Actions

When someone sues another person and that person never responds to the lawsuit, the person who filed the suit can ask the court for a "default judgment," which means they win automatically. But before a judge signs off on that, the person asking for the judgment has to provide specific information in writing.

That written statement must include how and when the defendant was served with the lawsuit, proof that the service paperwork was filed with the court, and confirmation that the defendant never filed any response. This written statement gets attached directly to the paperwork asking for the default judgment.

If the defendant is an active military service member, there is an extra step. Federal law called the Servicemembers Civil Relief Act protects people on active duty, so the person asking for the judgment must also include a military affidavit, which is a sworn statement addressing the defendant's military status.