A default judgment cannot be entered against the state or a state officer in official capacity without what?

A default judgment cannot be entered against the state or a state officer in official capacity without what?

• A. The plaintiff establishing the right to relief by evidence
• B. Consent of the governor
• C. A presiding judge's approval
• D. A special order allowing default

Answer: (A)

The essential idea is that the state and state officers enjoy immunity, so liability can’t be established by a default alone. Because of sovereign immunity, a default judgment cannot be entered against the state in official capacity without the plaintiff actually proving the claim by evidence. In other words, the plaintiff must present evidence to show a right to relief and the amount of that relief. The other options—consent of the governor, a special order, or the judge’s separate approval—aren’t required mechanisms to overcome this immunity. The court’s authority to grant relief against the state hinges on a proper evidentiary showing, not a routine default.

The essential idea is that the state and state officers enjoy immunity, so liability can’t be established by a default alone. Because of sovereign immunity, a default judgment cannot be entered against the state in official capacity without the plaintiff actually proving the claim by evidence. In other words, the plaintiff must present evidence to show a right to relief and the amount of that relief. The other options—consent of the governor, a special order, or the judge’s separate approval—aren’t required mechanisms to overcome this immunity. The court’s authority to grant relief against the state hinges on a proper evidentiary showing, not a routine default.