Don’t Be Bullied by Default: Abuse of Default Proceedings under Rule 19

This is a phrase most litigators have heard, or perhaps said themselves, more than once. This phrase is intended to provoke a reactionary response in your opponent and demonstrate to them, and your client, that you: 1) “mean business”, 2) that you will not allow the action to languish and 3) that you have the power to bend the opponents to your will. For some lawyers, threatening, and proceeding with default steps against a party who has been responsive to the action, but perhaps not responsive enough, is the mark of a so-called “fierce” and “zealous” litigator.


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