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Federal Court: 5 month late answer, before default judgment
| soul-stirring school cafeteria generalized bond | 08/16/10 |
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Date: August 16th, 2010 7:49 PM Author: soul-stirring school cafeteria generalized bond Subject: 5 Month Late Answer in Federal Court but before default judgment Our Federal answer is 5 months late, well past the 21 days. However, a default judgment has not been entered and the hearing for the motion for default judgment is in 2 weeks. I just drafted an answer but am not sure how to proceed. My firm does not do federal work and this is for a friend of a partner who got sued by a mill law firm over copyright bs and he sat on the complaint. Can I just file the answer and be done with it, or do I have to file the answer and then oppose the motion for default judgment?
The FRCP is very clear as to what to do about filing an answer (21 days) and how to set aside a default judgment (up to a year, clerical error, etc) but not as to how to proceed in between. |