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No defence entered

  • 14-09-2015 5:22pm
    #1
    Ctrl Alt Delete
    Banned (with Prison Access) Posts: 789 ✭✭✭


    Tried googling but couldn't find a clear answer.

    Can someone explain what a "no defence entered" means in civil and criminal law?


Comments

  • #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Think Kirk in Star Trek IV at the end rather than Star Trek VI in the middle.


  • #3
    Serjeant Buzfuz
    Registered Users, Registered Users 2 Posts: 457 ✭✭Serjeant Buzfuz


    It does what it says on the tin in Civil Cases, never heard of it in Crime


  • #4
    Carawaystick
    Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    Would it not be where someone is convicted in abstentia*
    or where the defence case is based only on picking holes in the prosecution case to try show there's no evidence to have a safe prosecution?


    *lad who worked with me was abroad for a few weeks to see his father out and bury him. came home to find he was convicted in his absence of failing to produce insurance,license etc.

    Spent 2 days in the courts to lodge his appeal,
    turns out the guard couldn't read the station book where they'd written the insurance & license details :rolleyes:


  • #5
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    Ctrl Alt Delete wrote: »
    Tried googling but couldn't find a clear answer.

    Can someone explain what a "no defence entered" means in civil and criminal law?

    In civil proceedings it could mean that the defendant has not entered a formal document called a "defence". Civil proceedings involve a number of formal documents being exchanged by way of pleadings, usually finishing with the defendant entering his defence. Even if the defendant is conceding liability a defence needs to be filed. If the defendant enters no defence the plaintiff could apply for judgment in default of a defence not being filed.

    In a similar sense, if a defendant who has been served proceedings ignores them altogether an application can be made for judgment in default of an appearance. In this context "appearance" is a document.

    No idea what the phrase means in criminal law.


  • #6
    Ctrl Alt Delete
    Banned (with Prison Access) Posts: 789 ✭✭✭Ctrl Alt Delete


    NUTLEY BOY wrote: »
    In civil proceedings it could mean that the defendant has not entered a formal document called a "defence". Civil proceedings involve a number of formal documents being exchanged by way of pleadings, usually finishing with the defendant entering his defence. Even if the defendant is conceding liability a defence needs to be filed. If the defendant enters no defence the plaintiff could apply for judgment in default of a defence not being filed.

    In a similar sense, if a defendant who has been served proceedings ignores them altogether an application can be made for judgment in default of an appearance. In this context "appearance" is a document.

    No idea what the phrase means in criminal law.

    Thanks I understand now much appreciated


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