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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