If D has been properly served with a complaint and summons but fails to file any response within 20 days from service, then D is considered in “default”. If so, P can ask the Court for a default judgment meaning P wins the case without trial and P can collect on the judgment against D.
Rule 55 of the Rules of Civil Procedure of Palau provides for a two-step process for the default judgment.
First Step
P begins by filing a Motion for Entry of Default with the Clerk together with proof (usually, declaration or affidavit) that D has been served with the complaint.
If the Clerk approves and enters default against D, D is no longer able to respond to the complaint without first filing a Motion to set aside the default (Rule 55 (c)).
Second Step
Once the Clerk has entered default against D, P may then file a Motion for Default Judgement supported by:
1) A declaration showing D was served with the complaint but did not file a response within 20Ds.
2) A declaration proving the amount of damages claimed in the complaint against D.
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