Superior Court of the Virgin Islands
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Rules Governing the
Superior Court of the Virgin Islands

Rule 47. Entry of default

When a party against whom affirmative relief is sought has failed to appear, plead or otherwise defend as provided by law or these rules, or has failed to appear at the time fixed for trial, the clerk shall enter his default.

Case Notes

Failure to appear

Defendant which did not plead, answer or enter an appearance was not entitled to notice of application for default or of default judgment, and where motion to set aside default judgment did not assert a potentially good defense court would order that within 20 days defendant file affidavit including a potentially good defense, a justifiable excuse for not taking appropriate action earlier and a memorandum supporting his claim, and execution of judgment would be stayed upon posting of bond by defendant. Government v. V.I. Pleasure Boat, Inc., Terr. Ct. St. T. and St. J. 1977, 13 V.I. 460.

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