NJ Bar Practice Questions - New Jersey Bar Examination Exam

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After being properly served, a defendant in federal court fails to file any responsive pleading within the time allowed. The plaintiff's claim is for a sum certain of $40,000. What is the plaintiff's proper next step to obtain a default judgment?

File a motion for summary judgment under Rule 56 Move to dismiss the defendant's answer under Rule 12(b)(6) Immediately request a jury trial on damages Request that the clerk enter the defendant's default under Rule 55(a), then seek a default judgment

Correct Answer:

Request that the clerk enter the defendant's default under Rule 55(a), then seek a default judgment

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