I went to a hearing that was set the day I filed my complaint, however I am not sure if it was considered the pre-trail. At the time of the hearing, the defendant had been served with the complaint and summons 7 days prior. At the hearing, a trail date was set for March 18th.

My question is, how can a trail date be set if the defendant has not yet answered the complaint? Also, the 30 day requirement to respond to the complaint is quickly approaching and if the defendant fails to comply, should I file a motion requesting a default judgement prior to the trail date?
* Last updated by: LARRY4 on 2/22/2014 @ 11:48 PM *

Larry
I don't think they set a trial date but a pretrial date although it might be different in your jurisdiction.As for your question it can't.since it seems he still has time to answer.I think you would file a motion for default after He is untimely in other words as soon as he is late filing his answer.
hope that helps
Tom
P.S
If you get your default and the court doesn't give the plaintiff a chance to cure then file a motion for default judgement.Two different things.
* Last updated by: TERRY4 on 2/26/2014 @ 1:33 AM *

Larry,

It's difficult to be specific since (I gather from reading forum posts) that procedures vary widely from one jurisdiction to another.

However, it is clear that The Course states that not filing an Answer can be disastrous (20-30 days allowed). Also, that Motions to Compel (MTC)the answer are a good counter.

It also seems clear that one can request a motion hearing so that these issues can be ruled upon prior to pre-trial/trial. (Of course there are some wrinkles there as other posts illustrate.)

Here in Florida (when the defendant failed to answer the complaint) I've seen a judge deny a MTC, deny a motion for a default judgment, cause all discovery to begin again and give the defendant another 20 days to answer. The judge has discretion.

In that case, in two more months, the defendant still has yet to answer. Will see how the judge rules (3/6) on the new default judgment motions. I believe The Course states that the defendant can easily appeal these and that the judge will often re-instate the case.

Bill

Larry
What division of the court are you in?
What I mean is.What Im asking is are you in small claims,County court or what ever they call the trial court level in your state.It makes a difference as small claims divisions will give the judge much more discretion what rules of civil procedure he will apply.I would go for motion for default if the judge denies your motion and gives the defendant more time to file an answer then not much you can do.But if he doesn't answer then go back and make a motion for default judgement they are too seperate things.I would do one thing at a time though don't confuse the issues.If the defendant is allowed more time he will have to show that he 1.the delay in answering was excusable neglect 2.he will have to show that there is a reasonable liklyhood that he can prevail in the case.Make him prove it.Not only that but he cannot continue unless he files a motion and obtains an order setting aside the default.
Hope that helps Larry
Tom