Those writing on civil procedure often focus on the obligations of the plaintiff to timely interpose her claims. This is appropriate because if the plaintiff cannot negotiate this task, the case will often suffer a sudden and cruel death at the hands of the statute of limitations, rendering the merits of the claims moot.

In that it is the primary season in the political world, and this publication is a member of the media, we will do our best to be fair and balanced and now turn our focus to the obligations of a defendant at the outset of litigation. While far less attention is paid to the obligations of the defendant at the inception of litigation, this is a critical moment in the litigation and the failure to take prompt action to appear and preserve relevant affirmative defenses can compromise the defense of the action. Recent caselaw and statutory amendments in this area also warrant a careful review.

Avoiding a Default Judgment