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LCRLJ 55

DEFAULT JUDGMENTS

(A) Any party seeking a default judgment shall submit at least the following to the court contemporaneously with the motion for default judgment, unless otherwise excused by the court for good cause, regardless of whether any of these required documents have been filed with the court prior to the motion.

    (1) A copy of the original proof of service shall be attached to the motion for every default judgment.
    (2) In assigned cause of action: every assignment instrument relating back to each original debt.
    (3) In causes of action based upon all contracts: sworn testimony to prove performance may be required, together with filing of a copy of the contract, if written; filing or proving the items of account and any credits; and the final amount of the principal should be underlined and highlighted in yellow as should the interest amount; in addition:
      (a) In causes of action based on a negotiable instrument: the original negotiable instrument or a certified copy of the original negotiable instrument with an attestation that the original has been destroyed;
      (b) In causes of action based on a retail sales contract, chattel mortgage, or conditional sales contract: the contract. Where applicable, an automobile title or bill of sale must be filed;
      (c) In causes of action based on open account: a written statement of account setting forth all charges and credits and the dates thereof on the principal and separately listing any statement of any interest or surcharges, and a statement of the nature of merchandise or services furnished;
      (d)In 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;
      (e) In causes of action for rent based on a written lease: a copy of the lease and a statement of the account.
    (4) In causes of action based in tort:
      (a) Proof of liability shall be made by sworn statement of a witness with competent knowledge of the event (for automobile accident cases, see RCW 46.52.080 (police report not admissible)):
      (b) Otherwise, the proof required showing the amount of damages 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 proven by repair bills of estimates;
        (ii) Loss of use claims, and pain and suffering shall be proved by sworn testimony;
        (iii) Loss of wages may be proven by sworn declaration from the employer or employer's agent; and
        (iv) Hospital, doctor, and other medical expenses may be proved by written bills or statements, whether paid or not.

(B) Prejudgment Interest. In order for a judgment for prejudgment interest to be allowed, the following must be presented to the court:

    (1) The date interest commenced, and the document that contains that date. The document with the date should have the date underlined and highlighted in yellow for the court;
    (2) The date to which the interest is calculated;
    (3) The amount of interest and the rate at which the interest is calculated, and the document that contains the rate of interest. The document with the rate of interest should have the rate of interest underlined and highlighted in yellow for the court; and
    (4) The computation of the interest claimed due.

(C) Notice to Opposing Party; Conformed Copies.

    (1) If the default motion is by mail, the plaintiff shall file a self-addressed stamped envelope for the clerk to return a conformed copy of the default judgment to the plaintiff.
    (2) The court will conform only one copy.

(D) Appearance by Defendant.

    (1) When a defendant has appeared but not answered in the action, a motion for default shall be noted on the civil motions calendar without oral argument. Oral argument will be allowed only by leave of the court.
    (2) The motions papers shall include a self-addressed stamped envelope for the clerk to return a conformed copy of the default judgment to the plaintiff.
    (3) If the defendant files an answer to the complaint after the motion for default is noted, but before the date set for hearing without oral argument, the plaintiff shall strike its motion and notify the court and the defendant as soon as practicable that the motion has been stricken.

{HISTORY: Effective January 1, 1991; filed as emergency rule amendment effective July 1, 2000; amended July 1, 2006; amended 3/30/2007}


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