Civil Procedure Multistate Bar Practice Exam

Even after the 21-day period, how can a defendant still respond?

1. By filing a motion or answer before default is entered

2. By submitting a written request to the court

3. By asking for an extension from the plaintiff

4. It is not possible to respond after 21 days

The correct answer is: By filing a motion or answer before default is entered

The option stating that a defendant can respond by filing a motion or answer before default is entered is correct because of the procedure surrounding default judgments in civil litigation. If a defendant fails to respond within the prescribed 21-day period after being served with a complaint, the plaintiff may file for default. However, the defendant retains the option to respond at any point before the court officially grants a default judgment. This means that if the defendant quickly acts and files a motion to set aside a default or answers the complaint before the court has entered the default, they can still participate in the case. Courts typically allow this as they prefer to resolve disputes on the merits rather than on procedural technicalities, assuming the court is still in session and the case hasn't progressed to a default judgment. Responding after the deadline is typically not possible without a valid reason, which is why requesting an extension from the plaintiff or asking the court in a written request would generally not be appropriate if the period has already elapsed and default has been entered. Default typically means the defendant has lost the opportunity to respond, emphasizing the importance of timely action within procedural limits.