As the name implies, our justice system (emphasis added) is designed to be fair and to do justice. Consequently, it disfavors “surprise attacks” or other legal tactics whereby a party or its counsel seeks advantage (or, really, total victory) through subterfuge or even, perhaps less culpably, through the mechanistic application of procedural rules to short-circuit judgment on the merits of claims and defenses.
In a recent case before U.S. District Court Judge Patrick J. Schiltz (D. Minn.), plaintiff’s lawyers appear to have taken a gamble and appear to have taken “zealous advocacy” past the point of effectiveness. The linked opinion should give civil litigators some “do’s” and “don’ts” when considering moving for default judgments.