Country insight

Default judgment can be applied for in proceedings in any court where a defendant does not:

• file a defence within the specified timeframe after a statement of claim has been served; or
• fails to make an appearance at a hearing.

A default judgment is not a judgment on the merits of the claim, but rather a sanction for a party’s failure to comply with the rules or orders of the Court. Once a default judgment is ordered against a defendant, a defendant can, in limited circumstances, seek to challenge the granting of that default judgment. The defendant will need to file an application or motion to set aside the default judgment within a specified period of time and show cause for why (usually lack of notice of the claim or that notice was given of intent to defend but that notice was not brought to the attention of the court which granted the default judgment) the judgment should be set aside.

If the defendant does not appear at the first oral hearing or file its statement of defense on time, the claimant can request a default judgment. In such circumstances, the remedies sought by the claimant will be granted unless the court considers them to be clearly unreasonable. The defendant can appeal within fourteen days after it has been notified of the judgment.

The court does not examine the merits of the claim. However, the court will not give default judgment if it deems that:

• a procedural requirement has not been met;
• the claim is inconclusive;
• the service of summons or the order to answer is not proven;
• a party has been prevented from performing the procedural act due to unavoidable events, e.g. due to natural disasters; or
• the appearing party cannot immediately provide evidence of a circumstance to be taken into account ex officio.

Bahrain courts allow for a default judgment to be entered into where a defendant is properly summoned but fails to appear before the competent court without valid reason. The law does not provide guidance on what constitutes a valid reason in such circumstances and therefore is determined on a case by case basis. 

Despite entering a default judgment, the court will analyze the merits of the claim to reach a judgment. 

In circumstances where a party was absent when a judgment was given, and the party seeks to appeal that judgment, the timeframe for an appeal will commence on the date the party was personally notified of the judgment by the clerk of the competent court at their place of residence, or a chosen domicile by registered mail.

If the defendant does not appear at the introductory hearing or, should the case be postponed, a later hearing, the court is obliged to thoroughly analyse the merits of the claim before delivering a default judgment at the request of the plaintiff. The court will, for instance verify whether the defendant was properly informed of the hearing and analyze issues of liability and quantum. It could, for example, reduce the quantum where the amount specified in the claim is unreasonable. If the court is not satisfied that the summons was properly served on the defendant, it can also order the plaintiff to have it served again.

If the claimant does not appear, the judge can simply reject its claim. The claimant's failure to appear at the hearing is quite exceptional in practice.

Furthermore, a default judgment cannot be rendered against a party that has filed a written pleading, even if it does not appear in person before the court. Once a party files its written pleading, the proceedings become adversarial and the court is obliged to address the issues raised in the pleading in its judgment.

The party who failed to appear at the hearing and has had a default judgment rendered against it, can challenge it by appealing the judgment. The aggrieved party has one month as from service of the judgment to make its challenge. A so-called opposition (verzet/opposition), which is a remedy available to the person against whom a default judgment is handed down, is only possible if the judgment cannot be appealed, for instance when the default judgment is a judgment on appeal or if the value of the case does not exceed the threshold to appeal. In that case, the proceedings will be assessed anew before the same court as that which issued the default judgment and the court will review the case in its entirety, both as to the law as to the facts.

Default judgments can be applied for in proceedings in any court when a respondent does not file a defense within the relevant time period (as long as the respondent has been properly served). As a result of such failure, and except in cases such as those specified below, the  allegations formulated by the plaintiff will be presumed to be true. The judge will continue with the proceedings on that basis, consider the merits of the plaintiff’s claims, and ordinarily rule in the plaintiff’s favor provided that the plaintiff discharges its burden of proof.

The presumption that the plaintiff’s allegations are true does not arise every time that the respondent has been duly served but fails to file a defense. For example, such presumption will not arise when the lawsuit deals with personal rights (such as the right to live) or when the plaintiff has not presented essential documents and information to persuade the judge on the strength of its claims. In the latter case, the judge will order the plaintiff to specify the evidence it intends to present.

On the other hand, even when a default judgment has been granted, the respondent can object to the default judgment before the court that has granted it. Such objection will be made when there are issues related to the service of process, which can cause the entire lawsuit to be nullified from its beginning.

Also, the respondent in default is allowed to participate in the lawsuit as long as it does not seek to modify measures that have already been adopted during the proceedings. For example, the respondent will not be able to file a defense once default judgment has been granted but will be able to present further evidence to challenge plaintiffs’ allegations.

Where a defendant does not file a defense within the specified time in which to do so, a plaintiff may obtain judgment in the defendant’s absence (default judgment). The first step in this process is for the plaintiff to note the defendant in default for having failed to file a defense. Where a defendant is noted in default, the defendant is deemed to admit to all of the facts as out in the plaintiff’s claim, and the defendant is precluded from taking any further steps in the litigation (other than asking the court to set aside the noting in default). 

If the claim is uncomplicated and seeks payment of a specific and readily-quantifiable amount (as would be the case in a claim for non-payment of an invoice), then non-judicial court staff may grant default judgment. 

Where the claim is more complicated and/or where damages need to be assessed, the plaintiff will be required to bring a motion for default judgment. For the purpose of such a motion, and as mentioned above, the facts in the plaintiff’s claim are assumed to be true. Despite this, the plaintiff must still establish that the facts entitle the plaintiff to judgment (e.g. that the facts are sufficient to satisfy the appropriate legal test), and the plaintiff may be required to lead evidence to establish the quantum of damages. 

A defendant against whom default judgment has been ordered may seek to set aside the default judgment. To be successful on a motion to set aside default judgment, the defendant must:

• bring the motion without delay after learning of the default judgment;
• explain the circumstances for failing to defend the claim within the time for doing so; and
• show an arguable defense to the claim.

In Chile, default judgments are uncommon and they only apply in one specific proceeding. This specific proceeding is known as “summary” and its main characteristic is the suppression of certain elements of the “ordinary” civil proceeding, as for example all the writs that must be filed in the discussion stage after the claim filing (in this case all the discussion stage is encompassed in a single audience). If the defendant does not respond the plaintiff’s claim within five days of the claim being served, the plaintiff can request a default judgment which will be granted if the plaintiff successfully argues there are grounds for it.

Therefore, in the event that the defendant does not file a response, the general rule is that all proceedings continue under the presumption that the defendant denies some or all of the plaintiff’s claims, with the consequence that all the plaintiff’s claims must be proven.

Pursuant to Articles 146, 147 and 148 of the PRC Civil Procedure Law, the court may grant default judgment when:

• a defendant refuses to appear in court without justifiable reasons after being summoned, or the defendant leaves the courtroom during the oral hearing without permission from the court;
• if the defendant has filed a counterclaim, the claimant refuses to appear in court without justifiable reasons after being summoned or leaves the courtroom during the oral hearing without permission from the court; and/or
• the claimant requests withdrawal of the action before a judgment is made, but the court decides not to grant the withdrawal and the claimant refuses to appear in court without justifiable reasons after being summoned.

If the default judgment is issued by the first instance court, the party against whom the default judgment is imposed may appeal. As the judgments issued by second instance courts are generally final, a default judgment issued during an appeal process will not usually be subject to challenge. That said, if there is a material procedural defect with a default judgment (for example, the party has not been served with a summons), the party may challenge the default judgment by applying for a retrial.

When considering an application for default judgment, the court will examine the merits of the claim. For parties who are domiciled in Mainland China, the period for appealing against a default judgment (appeal period) is the same as the period for appealing against normal judgments, which is 15 days. For parties who have no domicile in Mainland China, the appeal period is 30 days.

If the defendant fails to attend a hearing that they have been called to, the court will render a default judgment in favor of the claimant. This, however, generally requires that the claim is found by the court to be justified based on the statement of claim as presented in the writ of summons and any other information available to the court.

The same principle applies if the defendant fails to file the statement of defence with the court within the specified deadline, or if the contents of the statement of defence do not meet the specified legal requirements and the statement of defence is, therefore, an unsuitable basis for the hearing of the case. However, the court may grant the defendant time to correct the deficiencies in the statement of defence.

If a default judgment is rendered against a defendant, the defendant can submit a written request to have the case reopened. If the request for reopening is submitted within four weeks from the date of the judgment, the defendant is entitled to have the case reopened. The court may also, in exceptional cases, reopen the case if the request is made later than the four week deadline but within one year from the date of the judgment. In this regard, factors such as the timeliness of the request in relation to the defendant's awareness of the judgment will be considered.

The court may only issue a default judgment if all the following statutory conditions are met:

• the defendant was served with the statement of claim by the court;
• the defendant was served with the summons to the hearing at least ten days before the date of the hearing;
• the defendant was informed of the possibility of issuing a default judgment;
• the defendant failed to appear at the first hearing without apology;
• the claimant appeared at the first hearing and applied for a default judgment; and
• the factual allegations contained in the statement of claim make it possible to rule against the defendant – a default judgment cannot be granted if the statement of claim contains inaccuracies which prevent further proceedings and for which it should be dismissed or the proceedings discontinued or if the claim is manifestly unfounded.

Furthermore, a default judgment is inadmissible if such a judgment has the effect of creating, modifying or dissolving a legal relationship between the parties.

The defendant may appeal against the default judgment within 15 days, such period commencing on the date of delivery of the written judgment. However, the appeal must be based on the grounds that the conditions for issuing the default judgment were not fulfilled. An appeal on the merits is not possible.

Where a defendant fails to deliver its written statement of defense before the deadline set by the court, the relief sought by the claimant will be awarded in a default judgment unless the relief in question is evidently unfounded.

Default judgments may also be awarded at the request of either party if the opposing party does not attend the hearing. However, a default judgment will not be awarded: (i) against the claimant where the claim is evidently well-founded; and (ii) against the defendant where the claim is evidently unfounded.

The party against whom the default judgment has been rendered does not have a right to appeal on the judgment but has a possibility to have the matter returned back to the court for processing. Application regarding this must be done within 30 days of the date on which the appealing party received verifiable notice of the default judgment.

Where a defendant does not appear in proceedings (ie does not answer to the summons itself or fails to bring forward an attorney to represent it, when representation by an attorney is mandatory), the court will issue a decision on the sole basis of the evidence presented by the claimant. The defendant is also informed, in the summons issued to him, to appear at the indicated hearing with an attorney.

A defendant facing a default judgment may file an opposition before the court which issued the default judgment within a month of the notification of the default judgment to the defendant, and within three months if the defendant resides abroad. This opposition from the defendant will result in the proceedings being reopened.

If the defendant does not appear in court (or fails to put forward an attorney, or to file a statement of defence), the claimant will be awarded judgment in default unless the claim prima facie appears to be without any legal basis (sections 331 et seqq., ZPO). A defendant confronted with a default judgment has the option to object. The objection must be filed within two weeks of the default judgment being served on the defendant, which reopens the case.

Default judgments can be applied for in civil proceedings in the District Court and the Court of First Instance where a defendant does not:

• give notice of intention to defend; or
• serve a defence, within a prescribed time limit.

A defendant may apply to set aside or vary a default judgment at any time if it was irregular in any respect or if the defendant can show that it has a meritorious defence to the claim and that there is a reasonable explanation for why the judgment was allowed to go by default in the first place. In considering whether to set aside a regular default judgment, the court will take into account all the circumstances and may only make a setting aside order with terms imposed on the defendant (for example, requiring the defendant to pay all or a part of the sum(s) being claimed by the claimant into court).

An application must be made to court for a default judgment by the party seeking such judgment after the expiration of the period fixed for service of the required pleadings from the other party. As a default judgment is administrative in nature, the court will not examine the merits of the claim.

In order to grant judgment in default of a notice of intention to defend, the court must be satisfied on one of the following prerequisites: (i) the defendant acknowledged service of writ, (ii) there is an affidavit/affirmation filed by the plaintiff proving due service of writ, or (iii) the plaintiff produces the writ indorsed by the defendant’s solicitor confirming acceptance of service.

If the defendant fails to submit its written defense within 45 days after receiving the statement of claim (and it has not obtained an extension from the court allowing it to file its written defense at a later date), then the court will issue a default judgment ex officio. Note that a placeholder defense which lacks specific arguments, or a statement that generally disputes the claim but does not contain any specific substantial or procedural defense, will not qualify as a formal defense and so will not prevent default judgment being issued.

The default judgment will mirror the statement of claim i.e. the court will grant the remedies requested by the claimant. When issuing a default judgment, the court will not examine the merits, it will only consider whether there are any formal or procedural reasons to reject the claim.

The court serves the default judgment on the defendant, who then has 15 days to object. During this period, the default judgment will be suspended, meaning that it will only become effective and binding if none of the parties object to it within this timeframe. If the defendant wishes to object to the default judgment, it must submit its written defense brief along with its objection, otherwise the objection will be invalid. If a valid objection is filed, the default judgment will not become effective and the case proceeds as normal.

Once a written defense has been submitted, a default judgment may no longer be issued. However, the parties remain obliged to appear in proceedings, and failure to do so is sanctioned as follows:

• where none of the parties appear at the preparatory hearing, the court will terminate the proceedings ex officio;
• where only one party appears at a preparatory hearing and that party does not request that the hearing goes ahead without the other party attending, the court will similarly terminate the proceedings ex officio;
• where a party fails to appear at any hearing (whether during the preparatory or substantive stage of proceedings), that party is deemed:
  • not to object to any statement made at the hearing by the party who was present; and
  • to have no wish to make any further statements or motions at that point.
    (NB. This is one of the provisions in the new Code of Civil Procedure, which is hard to interpret in practice. An extreme interpretation of the rule would be that, in the absence of the other party, the court would have to accept any statement made by the party which is present, no matter how absurd that statement is. It is also unclear from the new code whether the party that did not attend the hearing is deemed not to contest the statements at the hearing, or not to contest them at all.)

If the defendant does not file the statement of defense 70 days before the date set in the writ of summons or such date as the judge has specified, the court will verify whether the claim was properly served. If proper service can be established, the judge will declare the defendant's contumacy (i.e. the defendant's failure to appear to contest an action). Despite the defendant's contumacy and lack of participation in the proceedings, the claimant is still required to prove its case. A judge will therefore assess the merits of the claimant's claim and issue a judgment if the claimant discharges its burden of proof. The judgment will then be served on the defendant, who can appeal it according to the general rules governing appeals.

The judgment must be challenged within 30 days of notification or within six months of publication (if no notification was made).

Default judgment can be sought from the court where a defendant has failed to:

• enter an appearance within eight days of the originating summons being served (or such other time as the court may have ordered); or
• deliver a defence, generally within eight weeks following service of the statement of claim (however in practice a defendant may try to extend this deadline, e.g. by issuing a Notice for Particulars).

Before applying to the court for a default judgment, a plaintiff must serve a warning letter on the defendant 28 days in advance. If the defendant does not take the necessary action in that time, then the plaintiff may file its motion. This must then be served on the defendant.

A defendant may apply for a case to be dismissed if:

• the claim is frivolous or vexatious;
• there is no reasonable cause of action; or
• the court does not have jurisdiction to hear the claim.

A default judgment will grant all of the reliefs sought by the plaintiff. A defendant can, in limited circumstances, seek to challenge a default judgment. Generally, this will involve demonstrating some irregularity in the proceeding or arguing that it is in the interests of justice. Any challenge should be brought without “inordinate or inexcusable delay”. This is not strictly defined, and the court will balance the delay against the interests of justice (which favours allowing parties to have a hearing on the merits and not have the case decided by default). Even if the default judgment is set aside, there can still be cost implications for the defendant, depending on the circumstances (in particular if there has been a delay in challenging the default judgment).

Where the defendant does not clearly state whether they dispute the facts stated by the plaintiff in their complaint by a court set due date, the facts submitted by the plaintiff are deemed as accepted by the defendant, which is commonly called “Constructive Admission” under Code of Civil Procedure Art. 159. Although courts are still granted discretion in statutory interpretation, other than fact-finding in the case of Constructive Admission, the court mostly issues a judgment granting all of the plaintiff's claims. This rule applies to both parties, not just the defendant, and the applicable documents are not limited to the complaint.

The court may render a final judgment if the plaintiff who has appeared requests a conclusion of the case and the court deems it appropriate, taking into consideration the current status of the case and the status of the parties' pursuit of the case. Even if the defendant does not appear and does not clarify their argument, the court has to examine the merits of plaintiff's claim when rendering a default judgment.

If a default judgment is rendered in the first instance, the appeal period is two weeks from the day following the day on which an authenticated copy of the judgment of the first instance is served.

Default judgment is a decision issued against a defendant, by the court, following a hearing in which the defendant did not appear (or was not represented) and was not personally served with the writ of summons or petition. Subject to the admissibility of the claim, a judge will issue a default judgment on the sole basis of the submissions and evidence brought by the claimant.

If a defendant is confronted with a default judgment, they have the option to file an opposition before the court that issued the default judgment within 15 days from the date of service or notification. By filing an opposition, a defendant has an another opportunity to present their (legal and evidential) case before the court.

In the event that the defendant does not appear at the initial hearing or seeks more time to arrange for legal representation, the court will adjourn the hearing for a period of one to three weeks. The courts will not typically order an adjournment more than once for the same reason. Therefore, if a defendant fails to attend hearing dates on multiple occasions without good reason, the court will assess the merits of the claim and either dismiss the claim or render a judgment by default. A default judgment may be appealed causing the matter to be re-examined by the Court of Appeal. The timeframe for appealing default judgments is 30 days for civil claims and 15 days for summary and rental courts.

If, after being summoned, the defendant fails to appear and thus fails to participate in the proceedings, the trial will continue without the presence of the defendant (juicio en rebeldia). The party who did not appear during the proceedings has the right to challenge this decision.

In principle, a default judgment will be awarded if a defendant does not appear in proceedings (i.e. it fails to bring forward an attorney representing it or it does not file a defence on time), or if the claim appears to be without any legal basis prima facie.

A defendant confronted with a default judgment has the option to object. The objection must generally be filed within four weeks and with the court that has delivered the default judgment. This objection does not count as an appeal but is rather a continuation of the procedure in first instance.

A claimant can apply for default judgment in proceedings in any court where a defendant either does not file a defence within the specified timeframe after a statement of claim has been served or fails to make an appearance at a hearing. In relation to claims for a liquidated sum (an amount that has been quantified in, or can be precisely calculated on the basis of, a contract that the claimant relies on), a claimant may request that judgment be sealed. In relation to other types of claims, a judge will consider the claim at a formal proof hearing, in which case the claimant must file evidence establishing to the judge's satisfaction each cause of action and, if damages are sought, sufficient information for the judge to calculate the damages.

A default judgment must be requested. The court won't issue a default judgment on its own initiative.

Once a default judgment is ordered against a defendant, a defendant can, in limited circumstances, seek to challenge it. The defendant will need to file an application to set aside the default judgment within a specified period of time and show cause for why the judgment should be set aside (usually lack of notice of the claim or that notice was given of intent to defend but that notice was not brought to the attention of the court which granted the default judgment).

Norwegian courts may give a judgment in default if a party fails to adhere to a time limit set for a procedural step, for example submission of a defense, or failure to attend a court hearing. If the claimant obtains default judgment against the defendant, this means that the defendant cannot prevent the claimant from getting a final judgment in the dispute. A judgment in default following a defendant’s (or respondent on appeal’s) default, has to be requested by the claimant/appellant. The court may reject a case/appeal ex officio following a claimant’s/appellant’s default.

In deciding whether to grant judgment in default, the court will base its decision on the claimant’s allegations as to the facts, insofar as they do not appear to be clearly incorrect). However, the court will ultimately apply the law on its own initiative. If the court does not find in favour of the claimant in full or in the main, judgment in default will not be granted.

A judgment in default may be challenged by way of an application for reinstatement. An application for reinstatement must be made within one calendar month from the date of service of the default judgment. The threshold for granting an application for reinstatement is high.

Where the statement of claim has been personally served on a defendant and that defendant does not submit any documentary pleading in response to the statement of claim, or otherwise fails to appear in court after having been summoned, the court will give its judgment in the absence of the defendant. The judgment will therefore be based on the court’s review and consideration of the evidence produced by the claimant alone. It is worth noting that the defendant will be served the summons personally or at their place of residence to compel them to participate in the proceedings. If the bailiff is unable to locate the defendant, the bailiff will deliver the summons to the defendant’s representative, employee, spouse, relative or in-laws. If the summons is not served on a defendant who subsequently fails to participate in the proceedings, the court will adjourn the case to a subsequent session and notify the defendant of the proceedings. Even if the defendant has been served, there is scope under Omani law for a party to have such judgments reconsidered in exceptional circumstances.

According to the CPC, the court may issue a default judgment if:

• the defendant does not file a statement of defense within the specified time limit or if - despite failure to file a statement of defense - the case was referred to be heard at a trial but the defendant fails to appear at a trial or appears but takes no active part in the trial; and
• the court has no reasonable doubts about the veracity of the claimant’s allegations or described facts and they are not designed to circumvent the law.

The court issues default judgment ex officio (it does not have to be requested by the claimant). The court’s examination of the merits of the case is very limited – the claimant’s statements are deemed to be true unless they raise reasonable doubts.

A defendant, against whom a default judgment has been delivered, may file a statement of opposition within two weeks of the judgment being served. A claimant may also appeal the default judgment if the relief sought in the statement of claim is not granted in full by the court.

If the defendant does not appear before the court on the date set in the writ of summons or otherwise specified by the judge, the claimant will be awarded a judgment in default unless the court verifies that the claim was not properly served, or it appears prima facie to lack any legal basis.

Even in the case of a default judgment, the claimant is required to prove his case, and the court will always analyze whether the claim is founded or not before rendering a default judgment.

A defendant met with a default judgment has the option to appeal to the Court of Appeal within 30 days calculated from the notification of the default judgment decision.

Where the statement of claim has been personally served on a defendant and that defendant does not submit any documentary pleading in response to the statement of claim or otherwise fails to appear in court after having been summoned, the court will give its judgment in the absence of the defendant. The judgment will therefore be based on the court's review and consideration of the evidence produced by the claimant alone. It is worth noting that as a means to compelling the defendant to participate in the proceedings, the defendant will be served with the summons personally or at its residence. If the bailiff is unable to locate the defendant, the bailiff will deliver the summons to the defendant’s representative, employee, spouse, relative or in-law. If the summons is not served on a defendant who subsequently fails to participate in the proceedings, the court will adjourn the case to a subsequent session and re-notify the defendant of the proceedings. Furthermore, even if service has been perfected on the defendant, there is scope under Qatari law for a party to have such judgments reconsidered in exceptional circumstances.

Failure by a party to respond to a claim by a party does not prevent the judge from awarding judgment. The absence of the defendant is not considered an admission of the claim by that defendant. The claimant still needs to prove its case. Regardless of the defendant's lack of response, the judge is required to consider the merits of the claim before granting the judgment.

If both parties fail to take action in the proceedings but neither of them requests default judgment, the proceedings will be suspended. Default judgments are identical to any other judgments and are subject to the ordinary and extraordinary means of appeal.

All parties are responsible for adhering to the relevant procedural actions and, as such, are expected to be proactive in the proceedings.

If a respondent, who has been duly notified of the proceedings, does not appear at the court hearing on the merits, the court may adopt a judgment in the respondent’s absence. The claimant, however, would still need to satisfy its burden of proof and present the necessary evidence to the court.

The respondent is entitled to appeal the judgment in the usual way (see further details under Appeals); however, the respondent cannot submit new evidence to the court of appeal unless it proves that it was unable to do so due to circumstances beyond its control.

If the claimant fails to appear at the court hearing twice without filing a motion to try the case in its absence and the respondent does not require the court to consider the case on its merits, the court may dismiss the claim without consideration.

If (i) the defendant or their representative is notified of the date of the hearing; (ii) the defendant or their representative gives the court a memorandum of defence prior to the scheduled hearing of the case; or (iii) the defendant appears at any of the hearings and then fails to appear again, the court shall rule on the case and the judgment shall not be deemed "in absentia" with respect to the defendant.

If the defendant or their representative is not notified of the date of the first hearing and the defendant fails to appear, the first hearing shall be postponed to a subsequent hearing of which the defendant shall be notified. If the defendant fails to appear again and again they were not notified directly, the court shall rule on the case and its judgment shall be considered "in absentia" with respect to the defendant.

The defendant has the right to appeal to the Court of Appeal within 30 days from the date of notifying the defendant of such a judgment.

A default judgment is a judgment made against a party due to non-compliance with a procedural rule, without reference to the actual merits of the case.

In an action commenced by an Originating Claim, the claimant is entitled to apply for a default judgment where the defendant:

• fails to file and serve a Notice of Intention to Contest or Not Contest;
• states in the Notice of Intention to Contest or Not Contest that the defendant does not intend to contest the claim; or
• fails to file and serve a Defense to within the prescribed time.

Where the defendant files and serves a Counterclaim, the defendant is entitled to apply for a default judgment in respect of the Counterclaim where the claimant fails to file and serve a Defense to the Counterclaim within the prescribed term.

No equivalent default judgment procedure applies for actions commenced by an Originating Application. If the defendant fails to file its affidavit within the prescribed time, the court will proceed on the assumption that the defendant does not wish to introduce evidence and will hear the Originating Application based on the claimant’s supporting affidavit and the parties’ submissions.

The defaulting party may apply to set aside or vary a default judgment if it was entered irregularly (i.e. where there are procedural defects), or where the judgment was obtained regularly, the defaulting party is able to establish a prima facie defense by showing that there are triable or arguable issues. While there is no formal time limit for an application to set aside a default judgment, it should be made as promptly as possible. 

Default judgment is a special type of judicial decision that results from the passivity of the parties in the litigation. Passivity is to be understood as the failure to fulfil the basic procedural obligations of a party, which in the case of the defendant means the failure to submit a statement of defence or, in the case of both the plaintiff and the defendant, the failure to appear at the hearing without timely justification for such absence.

Default judgment may be specifically requested by a party or ordered on the court’s own initiative. In rendering a default judgment, the court will examine the merits of the claim.

Default judgment is only applicable to lawsuits in which the plaintiff seeks a remedy requiring the defendant to perform an obligation (for instance dare, facere, omittere, pati) or to pay a sum of money. Moreover, the default judgment procedure is not available for certain specific claims – for example, claims against a consumer in a consumer rights dispute.

A defendant may challenge a default judgment within 15 days of becoming aware of the default judgment.

A default judgment may be granted when:

• the defendant fails to give notice of an intention to defend;
• the defendant fails to deliver a plea within the prescribed time limits and after service of a notice of bar;
• the claimant does not deliver a declaration or is barred from doing so; or
• a defendant or claimant fails to appear at trial (after due notice).

Default judgment must be applied for, and a court is not entitled to give an order for default judgment ex officio.

An application for default judgment highlights the procedural non-compliance by the defaulting party and the merits of each party’s case are usually not considered.

The party applying for default judgment must serve a copy of the application on the defaulting party. Once the default judgment is granted, the opposing party may, within 20 court days after acquiring knowledge of such judgment, apply to court upon notice to the plaintiff or applicant to set aside such judgment.

As noted in the section regarding Procedural steps and timing, if a defendant fails to submit an answer to the complaint within the deadline, the court may deem that the defendant has admitted the facts and claims alleged in the complaint and enter a default judgment against the defendant. However, if the defendant submits an answer before a default judgment is rendered, the court cannot issue a default judgment. 

After a default judgment is issued, the defendant may challenge the default judgment in accordance with the general method of appeal. That is, the defendant must submit a written notice of appeal to the lower court within two weeks of being served with the default judgment of the lower court.

If the defendant fails to appear before the court, it will be declared to be in default (rebeldía procesal). However, the claimant cannot automatically apply for a default judgment or a summary judgment. The proceedings will continue in the defendant's absence and, for the claimant to succeed, it will need to prove the basis for its claim.

The defendant in default may only appeal the judgment rendered in its absence when there has been a breach of procedure or, in proceedings before the Provincial Court, because:

• there has been an incorrect interpretation or application of the law, or
• judgment was obtained in a proceeding that did not comply with the required formalities.

The term to lodge such appeal is 20 working days:

• from the notification of the judgment to the defendant in default if it had been personally notified of the judgment; or
• from the day after the publication of the judgment in the official gazette if the defendant in default had not been personally notified of the judgment.

If a defendant fails to appear in the proceedings in person or through an attorney, the claimant may be awarded a default judgment. In the default judgment, the court will award the relief sought by the plaintiff in the statement of claim, unless the relief in question is evidently unfounded.

A defendant confronted with a default judgment has the option to object within one month to the court that has rendered the default judgment, in which case the matter will be re-opened.

A party may file for a default judgment if the defence is not filed within the prescribed deadline. The court has the discretion whether to hold an ex parte inquiry hearing to hear the plaintiff’s case; or to directly issue a default judgment. Following which, the defendant has fifteen (15) days from the date of the default judgment to object and request a retrial.

Default judgment can be applied for in circumstances where a defendant has failed to file:

• an acknowledgement of service within 14 days of service of the claimant's particulars of claim); or
• a defence within 14 days of the claim being issued or, if an acknowledgment of service is filed, within 28 days of the acknowledgment of service.

The effect of a default judgment is the early determination of the claim. A defendant may seek to resist an application for default judgment by challenging the basis of the application. However, as a default judgment application amounts to a recognition of procedural failings and that the relevant time period has expired, these are difficult to challenge.

Decree by default is available in Scotland at the request of a party where the opposing party fails to comply with a procedural requirement such as failing to attend at a hearing. Decree in absence is available where the defender fails to indicate an intention to defend the claim in a timely manner. In considering any application for decree by default the court will usually exercise its discretion to ensure that the interests of justice are met. Decree will therefore not usually be granted against a defaulting party where there is a reasonable explanation for the default and there is a proper claim or defence. A decree by default may be appealed within 21 or 28 days using the reclaiming procedure in the Court of Session or the appeals procedure in the Sheriff Court. A defender can seek to have a decree in absence recalled (withdrawn) within seven days of the decree being granted in the Court of Session or prior to the decree being implemented in the Sheriff Court.

The DIFC and ADGM court rules allow a claimant to apply to obtain a default judgment where the defendant has missed the time limit to acknowledge the claim against it, or has acknowledged the claim but failed to file a defense.

Once default judgment has been granted, the defendant has no right to appeal the court's decision. However, the defendant may apply to the court to have the judgment set aside or varied. There is no specific guidance provided by the ADGM or DIFC court rules in respect of when an application to set aside or vary a default judgment should be made. However, it is likely that the DIFC and ADGM courts would apply the principles established by the courts of England and Wales. Therefore, any such application should be made promptly. The courts of England and Wales have held promptness (in the context of the applicable provisions of the English CPR) to mean acting with "all reasonable speed in the circumstances."

A plaintiff can apply for default judgment in proceedings where a defendant does not respond to the plaintiff’s complaint within the specified timeframe after the complaint has been served. To do so, the plaintiff typically must submit evidence that it served the complaint. A defendant subject to a default judgment has the option to ask the court to later re-open the case and vacate the judgment, though doing so usually requires the defendant to establish good cause for its failure to respond earlier.