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Motion of Judgement in Default of Defence

  • 13-11-2018 4:28pm
    #1
    Hannaho
    Registered Users, Registered Users 2 Posts: 733 ✭✭✭


    If the other side drags their feet with Defence, and you get a Motion of Judgement in Default of Defence, and they Judge gives them time to put in a Defence. How long do they usually get. Is it usual in litigation to delay putting in a Defence.


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    3 weeks is more or less the standard extension unless there is a reason to make it longer.

    Yes, defendants typically delay at every opportunity.


  • #3
    Hannaho
    Registered Users, Registered Users 2 Posts: 733 ✭✭✭Hannaho


    Thanks, Hullabaloo. I don't get why the defendants delay at every opportunity, as it just drives up costs.


  • #4
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    I don't get it either tbh but each to their own. They can have various motivations but it seems that for many, it's a question of delaying the inevitable.


  • #5
    [Deleted User]
    Posts: 1,469 ✭✭✭ [Deleted User]


    hullaballoo wrote: »
    I don't get it either tbh but each to their own. They can have various motivations but it seems that for many, it's a question of delaying the inevitable.

    It takes time to build a defence.
    • You take instructions, analyse what needs to be done.
    • Request particulars or further information
    • Repeat request
    • Request affidavit of verification for Personal Injury summons
    • You contact a witness, arrange a statement, go back over points.
    • You contact experts, engineering reports, medical reports, and (particularly) Garda Abstracts can take an age to get.
    • Remind one of the experts you are waiting on their report (inevitably)
    • Get the reports together, inform client, work on defence strategies etc.
    • Go through replies to particulars, see if you need to raise any issues with experts
    • Then send the info you have to counsel to draft.
    • Remind counsel to get it back to you etc.

    Get the defence back, (reformat it because most counsel don't seem to be capable of formatting documents) check it, discuss it with your client, get affidavit of verification signed. It's time consuming, it's inevitable that there will be delays.

    It is stating the obvious but it's absolutely key to get the defence right and that just takes time. At all those points above there is scope for delay. I never came across a situation where a defence was delayed just to ignore it.


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