116Judgment in default of defence

### 116 Judgment in default of defence > > (1)  If a person is served with a claim and does not file a defence within 21 days after the date of service or within any other time limit fixed by the Court, the claimant, on filing an affidavit of service, may enter default judgment against the person served. > > > (2)  [*\[Rule 116 Subrule (2) amended by S.R. 2013, No. 69, Applied:04 Sep 2013\]*](/view/html/inforce/2013-09-04/sr-2013-069#GS63@EN) A claimant is to enter default judgment by filing a document in an approved form at the registry in the district in which the action was commenced or to which the action was transferred under [rule 30(2)](#GS30@Gs2@EN) . > > > (3)  A party is not to enter default judgment on a counterclaim, interpleader or third party claim. > > > (4)  [*\[Rule 116 Subrule (4) inserted by S.R. 2003, No. 17, Applied:09 Apr 2003\]*](/view/html/inforce/2003-04-09/sr-2003-017#GS12@EN) The registrar may refuse the entry of a default judgment if he or she is not satisfied that the claim has been served on all relevant parties.