Understanding Default Judgments in Civil Procedure

Which of the following must be true for a plaintiff to obtain a default judgment through the clerk?

• A. The defendant has partially responded
• B. The claim is for a sum certain in money
• C. The plaintiff has filed a motion to dismiss
• D. The defendant is a minor

Answer: (B)

For a plaintiff to obtain a default judgment through the clerk, it is essential that the claim is for a sum certain in money. This requirement is grounded in Civil Procedure rules that allow clerks to enter default judgments without court intervention for certain types of claims. Specifically, a sum certain refers to a specific and calculable amount of money that can be easily determined from the pleadings and the default itself. The rationale behind this requirement is that a clerk can only enter a judgment that is straightforward and clear. Unlike claims that require evidentiary hearings or detailed assessments of damages, a claim for a sum certain does not involve discretion or the need for further judicial assistance to determine the appropriate damages. As such, the clerk can straightforwardly compute and enter the judgment based on the pleadings. In contrast, the other options do not align with the requirements for obtaining a default judgment through the clerk. Claiming that a defendant has partially responded (the first option) does not meet the standard necessary for a default since a default judgment typically occurs when a defendant has not responded at all. The third option regarding a motion to dismiss is unrelated, as such a motion does not pertain to the default judgment process itself. Lastly, whether the defendant is a minor is not

Understanding default judgments can be like navigating a maze—challenging, right? But fear not! We're here to dissect what you need to know when it comes to obtaining a default judgment through the clerk in the context of Civil Procedure. After all, every little detail matters, especially when you're prepping for the Multistate Bar Exam!

What You Need to Know: The Core Requirement

For a plaintiff to nab a default judgment through the clerk, one basic principle must hold: the claim must be for a sum certain in money. Now, I know what you might be thinking—“What does that even mean?” Let’s break it down. A sum certain is simply a precise and fixed amount of money that’s clear from the pleadings and the conditions of the default.

Picture this: you submit all your paperwork, and it’s all neatly laid out. The court can see exactly how much is owed without having to squint or dig into a pile of confusing numbers. This clarity allows clerks to enter judgments without further judicial intervention for claims that are straightforward.

Why Does It Matter?

Why hinge everything on that one requirement? Well, think of it this way: the role of the clerk is to maintain efficiency within the court system. When the claim is a sum certain, there’s no need for lengthy discussions or complex assessments of damages. It’s as if you told a friend you owe them $50; there's no ambiguity—you have a specific number to settle. If the claim isn't straightforward, that’s where the process can get tangled up.

Let’s clarify what doesn’t meet this requirement. The idea that a defendant might have partially responded (option A) doesn't cut it for a default judgment. A default is about the silence—when a defendant hasn’t responded at all. Think of it like waiting for that friend who never showed up for coffee. They didn’t RSVP, so there’s no default judgment for you there!

The Misfits: What Doesn't Apply

Next, the third option about filing a motion to dismiss (option C) can be a bit of a red herring. Sure, the motion might feel significant, but it has nothing to do with the default judgment process. It’s like talking about baking cookies when you just want to get to the party!

And let’s not forget about option D, where the age of the defendant is mentioned. Whether the defendant is a minor (you guessed it—option D) doesn’t really change the essence of how a default judgment is secured. We’re focused on the money and the clarity in representation here.

Bringing it All Together

So, what does this all boil down to? If you’re aiming to secure a default judgment through the clerk, ensure that your claim clearly states a specific amount due. It has to be straightforward—no room for interpretation. In the grand scheme of Civil Procedure, it’s all about clarity and that unmistakable sum certain.

Understanding these foundational principles can not only prepare you for the Multistate Bar Exam but also arm you with knowledge that will serve you in your legal journey ahead. Remember, every legal battle starts with getting the basics down. So next time you hear "default judgment," you’ll know what to look for. Isn’t that comforting?