Common use of Decision by default Clause in Contracts

Decision by default. (1) Where the defendant, after having been duly summoned, fails to file written submissions in defence or fails to appear at the oral hearing, at the request of the plaintiff a decision by default may be given in accordance with the Rules of Procedure. An objection may be lodged against the decision within one month of it being notified. (2) The objection shall not have the effect of staying enforcement of the decision by default unless the Court decides otherwise.

Appears in 11 contracts

Samples: Unified Patent Court Agreement, Draft Agreement on a Unified Patent Court, Draft Agreement on the European and Community Patents Court

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Decision by default. (1) Where the defendant, after having been duly summoned, fails to file written submissions in defence or fails to appear at the oral hearing, at the request of the plaintiff a decision by default may shall be given in accordance with the Rules of Procedureagainst that party by default. An objection may be lodged against the decision within one month of it being notified. (2) The objection shall not have the effect of staying enforcement of the decision by default unless the Court decides otherwise.

Appears in 2 contracts

Samples: Draft Agreement on the European and Community Patents Court, Draft Agreement on the European Union Patent Court

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