Rule 55: Why Broadly Interpreting "Otherwise Defend" Protects a Diligent Party's Rights and Encourages an Orderly and Efficient Judicial System

Authors

Jessica Ruoff

Document Type

Note

Abstract

(Excerpt)

This Note argues that a uniform interpretation of "otherwise defend" is needed. Part I of this Note discusses the history and purpose of Rule 55, the procedure for entries of default and default judgment, and other alternatives to Rule 55 default judgments. Part II of this Note examines how the language "otherwise defend" has been interpreted differently by the federal circuit courts. Part III of this Note argues that the majority's broad interpretation of "otherwise defend" should be adopted as the uniform interpretation because it is supported by statutory interpretation and the underlying purpose of Rule 55.