What Is a Default Prove up Hearing?

What Is a Default Prove up Hearing?

A default "prove up" hearing is one in which the other party does not attend the hearing, but the plaintiff must still demonstrate the facts necessary to make his claim, according to the Law Offices of Stimmel, Stimmel & Smith. It is an exception to a general rule.

Usually, when the opposing party does not attend the hearing, one party automatically wins without showing anything, explains the Law Offices of Stimmel, Stimmel & Smith. Whether a prove up hearing occurs may depend on the type of relief the plaintiff requests. A default judgment may also occur if the opposing party does not respond to the allegations in the initial complaint.