#Motion for default judgment trial

You should find a lawyer to help you before filing such a motion. 503.Motions for a Default by the Clerk of Court are often necessary when a Defendant does not respond to a lawsuit.The court may enter judgment as to the entire case or may specify the facts that are established and direct such further proceedings in the case as are just. By agreement of the parties, the court may decide the motion and response without a hearing. The court must not consider a motion for summary disposition until it has been on file for at least 14 days. The party opposing the motion may file a sworn written response to the motion. There is no evidence of one or more essential elements of the plaintiff’s claim.There is no evidence of one or more essential elements of a defense which the defendant must prove to defeat the plaintiff’s claim or.There are no genuinely disputed facts that would prevent a judgment in favor of the party.The motion must be granted if it shows that:

All documents on which the motion relies must be attached. The motion must set out all supporting facts. Failure to comply with the provisions of this rule does not affect the finality of the judgment.Ī party may file a sworn motion for summary disposition of all or part of a claim or defense without a trial. The notice must state the number and style of the case, the court in which the case is pending, the names of the parties in whose favor and against whom the judgment was rendered, and the date the judgment was signed. When a default judgment is signed, the clerk must immediately mail written notice of the judgment to the defendant at the address provided by the plaintiff, and note the fact of such mailing on the docket. The plaintiff requesting a default judgment must provide to the clerk in writing the last known mailing address of the defendant at or before the time the judgment is signed. If a defendant who has answered fails to appear for trial, the court may proceed to hear evidence on liability and damages and render judgment accordingly.

#Motion for default judgment trial

If a defendant files an answer or otherwise appears in a case before a default judgment is signed by the judge, the judge must not enter a default judgment and the case must be set for trial as described in Rule 503.3. With the permission of the court, a party may appear at a hearing by means of telephone or an electronic communication system. If the plaintiff is unable to prove its damages, the judge must render judgment in favor of the defendant. If the plaintiff proves its damages, the judge must render judgment for the plaintiff in the amount proven. The plaintiff must appear at the hearing and provide evidence of its damages.

Other CasesĮxcept as provided in 'Claim Based on Written Document', a plaintiff who seeks a default judgment against a defendant must request a hearing, orally or in writing. The plaintiff’s attorney may also submit affidavits supporting an award of attorney fees to which the plaintiff is entitled, if any. If the claim is based on a written document signed by the defendant, and a copy of the document has been filed with the court and served on the defendant, along with a sworn statement from the plaintiff that this is a true and accurate copy of the document and the relief sought is owed, and all payments, offsets or credits due to the defendant have been accounted for, the judge must render judgment for the plaintiff in the requested amount, without any necessity for a hearing.

If it is determined that service was proper, the judge must render a default judgment in the following manners. If the defendant fails to file an answer by the date stated in Rule 502.5, the judge must ensure that service was proper, and may hold a hearing for this purpose.