Here is the factual background of a defendant who should not be punished for "mistake of form".
[Defendant] Susan was served with a copy of the cross-claim in Massachusetts on December 24, 1990. Acting pro se, Susan prepared an answer, which she mailed to the [California] district court for filing on January 12, 1991. However, because of her failure to comply with a number of local procedural rules, her answer was not filed. The district court did not return the answer to Susan, or otherwise notify her that it had not accepted her papers, and Susan did not discover until April that they had not been filed. Having received no answer, [plaintiff] Cynthia moved for a default judgment on her cross-claim on January 25, 1991. The clerk entered a default against Susan on January 30 on the cross-claim.
This was a
pro se defendant who tried to file an answer, messed up a local rule in a state across the country, and was not informed by the court. She even got a local lawyer to help her with the paperwork, but the MA lawyer didn't know about the CA rules (this was in the pre-Internet days, not easy to look up). The court justly ruled she should not get the harshest penalty, a default judgement, for messing up paperwork styling.
That's a far fucking cry from someone who didn't bother getting real witnesses for 2 years out of a 4 year case.