What must a plaintiff do if they wish to proceed with default judgment?

To proceed with default judgment, a plaintiff must file a notice of motion supported by the required affidavits. This process is essential because a default judgment can only be granted when the defendant has failed to respond to the claim or has not appeared in court. The notice of motion formally requests the court to grant a judgment in favor of the plaintiff based on this failure of the defendant to engage with the proceedings.

The supporting affidavits must provide sufficient evidence demonstrating the basis for the claim and that the defendant is in default, confirming there is no viable defense to the action. This establishes a legitimate claim for the court to consider and judge upon, leading to the issuance of a default judgment as per the relevant rules of civil procedure.

In contrast, simply bringing new evidence to trial does not apply in a default judgment scenario, as there is no trial taking place due to the defendant's absence. Meeting with the defendant to negotiate is also irrelevant, since the purpose of a default judgment is predicated on the absence of a response from the defendant. Lastly, waiting for the defendant to respond delays the process, and if the defendant has already failed to do so, it does not aid in moving forward with obtaining a judgment.