Default judgments in certain civil claims, counterclaims, and cross claims

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, a plaintiff who files a civil lawsuit against a defendant may obtain a default judgment against the defendant if, after being properly served with the litigation papers, the defendant fails to respond properly and within the appropriate time. When entering a default judgment against a defendant, the court is required to determine that the defendant was properly served, that the court has proper jurisdiction over the defendant, that the defendant did not join any issue of law or fact, and that the time for joining an issue has expired. Upon making these determinations and entering a default judgment against the defendant, the court may require the plaintiff to submit proof of his or her damages and may award such damages to the plaintiff.

Under current law, a defendant in a civil lawsuit may file a counterclaim against the plaintiff and, under certain circumstances, a plaintiff or a defendant may declare a cross claim against a coparty to a civil action.

Who's behind it

Rich Zipperer, a Republican, is its author⁠.

4 more lawmakers signed on in support⁠.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

• Amendment SA1-SB451
• LC Amendment Memo