Before the court can enter a default judgment, the citation with the officer's return must have been on file in the clerk's office for at least 10 days, exclusive of the date of filing and the date of judgment.

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Multiple Choice

Before the court can enter a default judgment, the citation with the officer's return must have been on file in the clerk's office for at least 10 days, exclusive of the date of filing and the date of judgment.

Explanation:
The crucial idea is timing for entering a default: the court can grant default only after proof of service has been filed showing that the defendant has been properly served. The citation with the officer’s return serves as that proof, and it must be on file in the clerk’s office for at least 10 days, counting the days after filing but excluding the date of filing and the date of judgment. This waiting period gives the defendant actual notice and a chance to respond before default is entered. If the citation and return aren’t on file for that 10-day window, a default entry would not be proper. That’s why the statement is true.

The crucial idea is timing for entering a default: the court can grant default only after proof of service has been filed showing that the defendant has been properly served. The citation with the officer’s return serves as that proof, and it must be on file in the clerk’s office for at least 10 days, counting the days after filing but excluding the date of filing and the date of judgment. This waiting period gives the defendant actual notice and a chance to respond before default is entered. If the citation and return aren’t on file for that 10-day window, a default entry would not be proper. That’s why the statement is true.

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