Default judgement Printable versionLast update: 04.06.2020
In certain cases, default judgment is performed during the civil proceedings. This article will provide information on what is default judgment, when judgment is made in default and whether it is possible to appeal a default judgment?
Default judgment is a legal authority`s document drawn up and issued by court after the default trial. Default judgment takes place in the following cases:
- defendant was informed in an orderly manner about the trial`s time and venue but did not come;
- defendant did not provide a valid excuse for non-attendance and did not ask for trial to proceed without his/her presence;
- plaintiff does not object against default judgment.
If the plaintiff who appeared in the court session does not agree to the trial in absentia in the absence of the defendant, the court postpones the proceedings and sends a notice to the defendant about the time and place of the new court session. In case of repeated absence of a duly notified defendant, the court shall review the case in the manner of absentee proceedings, regardless of the plaintiff's opinion. If an application for the consideration of the case without his participation was received from the defendant who did not appear at the court session, the case is subject to consideration in the general procedure, and not in the manner of absentee proceedings.
When the plaintiff changes the subject or cause of the claim, increases the claim, the court is not entitled to consider the case in absentia in this court session. Consideration of the case is postponed for delivery to the defendant of the statement of claim with the changed subject or the basis of the claim, the increased size of the claim. In a new court session, the trial can be conducted in the manner of absentee proceedings in the presence of the grounds indicated above.
During a default judgment trial, a court examines evidences provided by parties participating in trial, considers their contentions and makes a default judgment. No later than five working days from making the judgment, a court forwards a copy of default judgment with receipt confirmation to defendant and plaintiff.
If the defendant does not agree with the decision of the court that issued the decision in absentia, he has the right to submit an application to cancel this decision within five working days from the date of its adoption in final form using the means of communication ensuring the receipt of it. The application must specify:
- name of the court, which passed a default judgment;
- name of the party submitting an application;
- information on valid excuse for non-attendance to trial and evidences certifying this as well as evidences which might affect the judgment,which may affect the content of the absentee decision;
- request of the party submitting the application;
- list of materials enclosed to an application.
The application for the annulment of the absent judgment shall be signed by the party or its representative, subject to the authority and submitted to the court with copies of the application and the materials attached to it, on the number of persons participating in the case.
Application on cancellation of default judgment is considered within ten working days from the date of its submission to court. Non-attendance of parties participating in trial and informed about the time and venue of the hearing does not prevent from consideration of application. The court's decision to cancel the decision in absentia or to refuse to abolish the decision in absentia is not subject to appeal or review at the request of the prosecutor.
To have reasons for default judgment cancellation, a defendant should submit supporting evidences proving that his/her non-attendance was caused by valid reasons of which s/he had no opportunity to inform a court, and also provide evidences which can affect the absentee judgment.
If a court denied considering an application, a defendant has a right to submit an appeal petition on default judgment within one month from the date of denial.