How to File a Notice of No Opposition in a Default Judgment Case

Question from Henry, How to File a Notice of No Opposition in a Default Judgment Case

Answer from AI:

When a defendant does not oppose a plaintiff’s motion for default judgment and fails to appear in court, the plaintiff can file a Notice of No Opposition. This document informs the court that the defendant has not contested the motion and has not appeared, which can influence the court’s decision. Below is a general guide on how to file this notice, relevant case laws, and a template for the notice.

Steps to File a Notice of No Opposition

1. **Review Court Rules and Procedures**: Each jurisdiction may have specific rules regarding the filing of a Notice of No Opposition. Check the local court rules or consult with a legal professional to ensure compliance.

2. **Draft the Notice**: Prepare a document that clearly states the defendant’s lack of opposition and failure to appear. Include relevant details such as case number, parties involved, and the specific motion for default judgment.

3. **Include Relevant Case Laws**: Reference case laws that support your position. For example:
– **Frow v. De La Vega, 82 U.S. 552 (1872)**: This case discusses the implications of default judgments and the importance of ensuring fairness in such proceedings.
– **Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986)**: This case outlines factors that courts consider when deciding whether to grant a default judgment.

4. **File the Notice with the Court**: Submit the notice to the court clerk and ensure it is properly filed. Some jurisdictions may require electronic filing, while others may accept paper submissions.

5. **Serve the Notice to the Defendant**: Even though the defendant has not appeared, you must still serve them with a copy of the notice according to the court’s rules.

Template for Notice of No Opposition

Below is a sample template for a Notice of No Opposition:

“`html

Notice of No Opposition

Case Number: [Insert Case Number]

Parties: [Plaintiff’s Name] vs. [Defendant’s Name]

To the Honorable Court:

Comes now the Plaintiff, [Plaintiff’s Name], by and through their attorney of record, and hereby submits this Notice of No Opposition to the Plaintiff’s Motion for Default Judgment and Judicial Notice Review.

1. On [Date], Plaintiff filed a Motion for Default Judgment against Defendant, [Defendant’s Name].

2. The Defendant has failed to file any opposition to the Motion for Default Judgment.

3. The Defendant has also failed to appear in court as required.

In support of this Notice, Plaintiff references the following case laws:

• Frow v. De La Vega, 82 U.S. 552 (1872): Discusses the implications of default judgments and the importance of fairness.
• Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986): Outlines factors considered by courts when deciding on default judgments.

Given the Defendant’s lack of opposition and failure to appear, Plaintiff respectfully requests that the Court grant the Motion for Default Judgment.

Respectfully submitted,

[Plaintiff’s Attorney’s Name]
[Attorney’s Law Firm]
[Attorney’s Address]
[Attorney’s Phone Number]
[Attorney’s Email Address]

Date: [Insert Date]

“`

When to Consult a Legal Professional

Filing a Notice of No Opposition can be straightforward, but it is crucial to ensure that all legal requirements are met. Consulting with a legal professional is recommended to:
– Ensure compliance with local court rules.
– Properly reference relevant case laws.
– Address any specific circumstances of your case.

For more detailed information, you can refer to the [Federal Rules of Civil Procedure](https://www.law.cornell.edu/rules/frcp) or your local court’s website.

Remember, this guide provides general information and should not be considered legal advice. Always consult with a qualified attorney for personalized legal assistance.