1. A judgment entered against a defendant who has failed to plead or otherwise defend against the plaintiff’s claim. [Cases: Federal Civil Procedure 2411; Judgment 92. C.J.S. Judgments §§ 195–196, 208, 235.]
2. A judgment entered as a penalty against a party who does not comply with an order, esp. an order to comply with a discovery request. See Fed. R. Civ. P. 55(b).
— Also termed judgment by default. See JUDGMENT. [Cases: Federal Civil Procedure 1278, 2820.]
nil dicit default judgment (nil dI-sit). [Latin “he says nothing”] A judgment for the plaintiff entered after the defendant fails to file a timely answer, often after the defendant appeared in the case by filing a preliminary motion.
— Also termed nihil dicit default judgment; judgment by nil dicit. — Often shortened to nihil dicit. [Cases: Judgment 106. C.J.S. Judgments § 212.]
no-answer default judgment. A judgment for the plaintiff entered after the defendant fails to timely answer or otherwise appear. [Cases: Judgment 106. C.J.S. Judgments § 212.]
post-answer default judgment. A judgment for the plaintiff entered after the defendant files an answer, but fails to appear at trial or otherwise provide a defense on the merits. [Cases: Judgment 109. C.J.S. Judgments § 211.]
