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undefended cause

1. A court action in which the defendant: (1) fails to acknowledge service of the writ; (2) fails to enter a statement of defence; or (3) fails to appear, or be represented, at the hearing of the case despite the fact that he has received notice of it. In such actions, judgment may be entered in favour of the plaintiff; in special circumstances, however, the defendant may apply for the judgment to be cancelled (see *setting aside).
2. A petition for divorce, nullity, or judicial separation not contested by the respondent. This may be because: (1) the respondent declares in his acknowledgment of service that he does not intend to contest the petition; (2) he gives notice of his intention to defend but fails to file an answer to the petition within the time allowed (usually 29 days from the day he received the petition); (3) he files no answer at all; or (4) the answer filed has been struck out. Undefended causes for divorce or judicial separation may be dealt with under the special procedure (see *divorce).

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