Bar Q: Default

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In a complaint filed by the plaintiff, what is the effect of the defendant’s failure to file an answer within the reglementary period? (1%)

(A) The court is allowed to render judgment motu proprio in favor of the plaintiff.

(B) The court motu proprio may declare the defendant in default, but only after due notice to the defendant.

(C) The court may declare the defendant in default but only upon motion of the plaintiff and with notice to the defendant.

(D) The court may declare the defendant in default but only upon motion of the plaintiff, with notice to the defendant, and upon presentation of proof of the defendant’s failure to answer.

(E) The above choices are all inaccurate.


Answer: E

If the defending party fails to answer within the time allowed therefor, the court shall, upon motion of the claiming party with notice to the defending party, and proof of such failure, declare the defending party in default. (Rule 9)

The Rule uses the word “shall" and not may.

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