Legal Question in Family Law in Illinois

Motion for Default

What is Prove-UP?


Asked on 12/14/02, 12:17 pm

2 Answers from Attorneys

Thaddeus Hunt Law Offices of Thaddeus Hunt

Re: Motion for Default

Black's law dictionary defines prove-up as, " to show that one has fulfilled the legal requirements."

For example, if you were alleging that your spouse committed adultery, then the prove up would be testimony or some sort of records to prove your allegations of adultery.

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Answered on 12/15/02, 12:00 am
David Shestokas Shestokas, & Associates

Re: Motion for Default

A prove-up is the process by which a record is made for the judge to use in rendering his decision. When the other side does not appear in court, or chooses to not contest the matter, there still needs to be information provided, under oath for the judge to employ in entering a judgment. A prove-up is when the party that has the burden of going forward goes to court and gives testimony about the matter. The court papers that had been filed in the case are usually insufficient to give the judge all the information that is needed. Hope this helps. Anymore questions, please feel free to call 630-243-0099.

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Answered on 12/14/02, 2:47 pm


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