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  1. #1
    Join Date
    Sep 2006

    Default Can Civil Failure to Deny Be Criminal Admission?

    Defendants have defaulted on a complaint alleging slader, libel and false light invasion of privacy (there is no responsive pleading 45 days after being served). A Motion for Order of Default has been submitted to the court for the judge's signature.

    In my complaint, I allege that Defendant's gave false testimony and swore false complaints and warrants. My understanding of the law is that in a civil case where a responsive pleading is required, failure to deny is admission.

    Since they defaulted by not responding to my complaint, does this automatically mean they have admitted to perjury? Otherwise, is this evidence of perjury that a prosecutor or judge could act upon?

    Please let me know. Thanks.

  2. #2
    Join Date
    Mar 2005

    Default Re: Can Civil Failure to Deny Be Criminal Admission?

    Unless and until it is set aside, their default lets you proceed within your lawsuit as if the allegations in the complaint were admitted. It does not, however, stand as an admission to perjury which would extend to other proceedings or to criminal charges.

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