Lincoln County District Court

		
		
                                    LCRLJ 6
                DEFAULT JUDGMENTS (No Appearance by Defendant)


   (a) 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.

   (b) Default judgments shall be subject to the following:

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

      (2) No default 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 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;

          (iii) on causes of action on 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;

          (iv) 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;

          (v) on causes of action based on a negotiable instrument, the
original negotiable instrument.

          (vi) on causes of action for rent based on a written lease, a copy of
the lease and a statement of account as in subsection (b)(2)(ii) of this Rule;

          (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:

Property damage may be proved by repair bills or estimates;

Loss of use claims, loss of wages, and pain and suffering shall be proved by
oral testimony;

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

      (3) No judgment for 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.

      (4) Plaintiff shall file a stamped addressed envelope with the last known
address of the defendant at the time the motion for default judgment is made.
No more than fifteen (15) days following the entry of the default judgment, the
clerk of court shall mail a copy of the judgment to the defendant.