LCRLJ 55
DEFAULT JUDGMENTS
1. 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.
2. 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;
a. On assigned causes of action, the assignment instrument;
b. On causes of action based on a negotiable instrument, the original
negotiable instrument;
c. On causes of action based on a retail sales contract, chattel
mortgage, or conditional sales contract, the original contract (or a copy
if the original has been filed with a government agency). Where applicable,
an automobile title or bill of sale must be filed;
d. 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;
e. On causes of action for rent based on an oral lease, a statement of
account similar to that required in actions on open account. If any claim
is made for damages or repairs to premises, such claim must be itemized
separately;
f. On causes of action for rent based on a written lease, a copy of the
lease and a statement of account as in subsection (2)(d) of this Rule;
g. 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;
h. 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;
i. Property damage may be proved by repair bills or estimates;
j. Loss of use claims, loss of wages, and pain and suffering shall be
proved by oral testimony;
k. Hospital and doctor bills may be proved by written bills, whether
paid or not.
3. A sworn affidavit may be substituted in lieu of oral testimony.
4. No judgment for interest shall be allowed unless there is proof on
file 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.
5. Plaintiff shall file a stamped, addressed envelope (with last known
address of the defendant) at the time the motion for default judgment is
made. The clerk of court shall mail a copy of the judgment to the
defendant.
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