LCR 55.
DEFAULT AND JUDGMENT
(a) [Deleted]
Amended effective 9/1/01
(3) [Deleted]
Amended effective 9/1/01
(1) Required Pleadings. All documentation required for
entry of an order of default pursuant to CR 55(a) shall be
filed at the same time as the motion for a default, unless
extended by court order to correct a clerical error or
omission or for furnishing of any proof required by the court.
Effective 9/1/01
(2) Before Whom Taken. Motions for default shall be
noted for hearing on such form(s) as required by the court,
before the judge to whom the matter is assigned, on such
date as is approved by the judicial assistant for said judge
or before the ex parte department on any court day during
regular hours.
Effective 9/1/01
(b) Entry of Default Judgment. 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:
Effective 9/1/01
(1) On assigned causes of action, a copy of the
assignment instrument;
Effective 9/1/01
(2) On causes of action based on a negotiable
instrument, the original negotiable instrument or
satisfactory explanation as to why the original cannot be produced;
Effective 9/1/01
(3) 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, a copy
of a motor vehicle title or bill of sale must be filed;
Effective 9/1/01
(4) On causes of action based on open account where the
complaint is not specific, the last written statement of
account sent to the debtor setting forth current charges and
credits and the dates thereof and a statement of any
interest or surcharges which are included;
Effective 9/1/01
(5) On causes of action for rent based on an oral
agreement, 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;
Effective 9/1/01
(6) On causes of action based on a written lease, a
copy of the lease and a statement of account as stated in
section (4) above;
Effective 9/1/01
(7) On causes of action based on all other contracts,
oral testimony or affidavits may be required to prove terms,
together with filing of a copy of the contract, if written;
and filing or proving the items of account and any credits;
Effective 9/1/01
(8) On causes of action for tort, proof shall be
required by way of testimony or affidavit, supplemented by
repair bills or estimates, medical bills, loss of use
claims, and proof of loss of wages, when relevant to the
claim. The court may require that claims for non-economic
damages be proved by oral testimony.
Effective 9/1/01
(9) No judgment for accrued interest shall be allowed
unless 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.
Effective 9/1/01
(10) Any request for attorney fees shall be supported
by an affidavit or certificate supporting any contractual
basis for attorney fees, and the basis upon which attorney
fees are calculated. If attorney fees are based on statute,
the request for attorney fees must cite the specific
statutory authority.
Effective 9/1/01
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