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                                       LCRLJ 55
                                       Default


   (a) Entry of Default Judgment.

      (5)  All necessary papers required for entry of a default judgment shall be
filed at the same time as the motion for default judgment, unless extended by
court order to correct a clerical error or omission or for furnishing of any
proof required by the court.  Default judgments shall be subject to the following:

      (6)  No default judgment shall be granted except upon motion by plaintiff's
attorney of record, or if none, by motion by plaintiff.

      (7)  No default judgment shall be granted except upon proof satisfactory to the
court.  The court shall require at least the following to be on file with the
motion for default judgment, unless otherwise excused by the court for good cause:

      (i)  on assigned causes of action, the assignment instrument;

      (ii)  on causes of action based on negotiable instrument, the original
negotiable instrument;

      (iii)  on causes of action based on retail sales contract, chattel
mortgage, or conditional sales contract, the original contract (or a copy if
the original has been filed with a governmental agency).  Where applicable, an
automobile title or bill of sale must be filed;

      (iv)  on causes of action based on open account where the complaint is not
specific, a written statement of account setting forth all charges and credits
and the dates thereof, the nature of merchandise or services furnished, and a
statement of any interest or surcharges which are included;

      (v)  on causes of action for rent based on oral lease, a statement of
account setting forth the dates of accrued rent, dates of delinquency, late
charges and any other costs.  If any claim is made for damages or repairs to
premises, such claim must be itemized separately;

      (vi)  on causes of action for rent based on a written lease, a copy of the
lease and a statement of account setting forth the dates of accrued rent, dates
of delinquency, late charges and any other costs.  If any claim is made for
damages or repairs to premises, such claim must be itemized separately;

      (vii)  on causes of action based on all other contracts, oral testimony to
prove performance may be required, together with filing of a copy of the
contract, if written; and filing or proving the items of account and any
credits;

      (viii)  on causes of action for tort, the proof required shall be the same
as required above for proving contract balances except that the following
additional proof of the amount of damage shall be required:

          (a)  Property damage may be proved by repair bills or estimates;

          (b)  Loss of use claims, loss of wages, and pain and suffering shall
be proved by oral testimony.

          (c)  Hospital and doctor bills may be proved by written bills,
whether paid or not.

      (8)  No judgment for interest shall be allowed unless citation to applicable
authority is presented and there is on file proof of the factors necessary for
computation of interest including applicable dates, rate of interest, amounts
subject to interest, and a computation of the total interest claimed due.  For
prejudgment interest the document that contains the rate of interest shall be
included, with the rate of interest underlined and highlighted in yellow for the court.

      (9)  Default judgments must be accompanied by:

      (i)  Affidavit of Service if not previously filed.

      (ii)  Affidavit of Soldiers' and Sailors' Relief Act.

   (g) Collection and handling charges and attorney fees on actions brought to
collect dishonored checks shall not be allowed unless proof of the following is provided:

      (1)  The statutory form of notice of dishonor has been sent as required by
RCW chapter 62.A-3 and a copy is filed with the court.

      (2)  An accounting statement, or some reasonable alternate means of
determining plaintiff's collection costs, is filed with the court.


[Adopted effective September 1, 2011]
	

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