For as long as parties have pursued claims through litigation, those against whom claims are asserted have delayed the litigation process. Defendants, and other parties against whom claims are asserted, (hereinafter collectively referred to as defendants), fail to answer complaints against them in time; they delay in responding to discovery requests, motions and court orders, and they fail to appear for trials and other proceedings.
Carl B. Schultz,
Sanctioning Defendants' Non-Willful Delay:The Failure of Rule 55 and a Proposal for its Reform,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol23/iss2/3