#DEFAULT JUDGMENT TRIAL#

The plaintiff requesting a default judgment must provide to the clerk in writing the last known mailing address of the defendant at or before the time the judgment is signed.

If a defendant who has answered fails to appear for trial, the court may proceed to hear evidence on liability and damages and render judgment accordingly.

#DEFAULT JUDGMENT TRIAL#

If a defendant files an answer or otherwise appears in a case before a default judgment is signed by the judge, the judge must not enter a default judgment and the case must be set for trial as described in Rule 503.3. With the permission of the court, a party may appear at a hearing by means of telephone or an electronic communication system. If the plaintiff is unable to prove its damages, the judge must render judgment in favor of the defendant. If the plaintiff proves its damages, the judge must render judgment for the plaintiff in the amount proven. The plaintiff must appear at the hearing and provide evidence of its damages. Other CasesĮxcept as provided in 'Claim Based on Written Document', a plaintiff who seeks a default judgment against a defendant must request a hearing, orally or in writing. The plaintiff’s attorney may also submit affidavits supporting an award of attorney fees to which the plaintiff is entitled, if any.

If the claim is based on a written document signed by the defendant, and a copy of the document has been filed with the court and served on the defendant, along with a sworn statement from the plaintiff that this is a true and accurate copy of the document and the relief sought is owed, and all payments, offsets or credits due to the defendant have been accounted for, the judge must render judgment for the plaintiff in the requested amount, without any necessity for a hearing. If it is determined that service was proper, the judge must render a default judgment in the following manners. If the defendant fails to file an answer by the date stated in Rule 502.5, the judge must ensure that service was proper, and may hold a hearing for this purpose.

Default judgment