Rule 12.3 Default Judgment
(a)Pleadings that are properly served under NDRCivP Rule 4 (or in accordance with a statute providing for service in a particular case) may be the subject of a default judgment under NDRCivP Rule 55 when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise appear as set forth in a separate Affidavit of Default, which is sufficient to bring the matter before the Court. A motion is only necessary when the defendant has filed an answer or otherwise appeared, in which case the appropriate relief can be sought through a Summary Judgment motion under NDRCivP Rule 56. If a motion is used, proper motion procedures, including service and notice, must be given.
(b) To obtain a default judgment the following pleadings must be filed with the clerk of district court.
1. The filing fee.
2. The summons and complaint.
3. Proof of service of the summons and complaint. If the procedure set forth in NDRCivP Rule 4(d)(2)(A)(v) is used, the receipt must be signed by the person against whom the default judgment is sought, and if the signature is unreadable, the person signing the Affidavit of Mailing, if knowledgeable of the fact of the person's signature, can in the Affidavit of mailing identify the signature as belonging to the person against whom the default judgement is sought. If service of the summons and complaint is made in accordance with a statute authorizing service in a particular manner, an Affidavit of Compliance must be submitted stating that the procedure set forth in the statute has been followed.
4. A separate Affidavit of Default under NDRCivP Rule 55.
5. A separate Affidavit of Proof with any necessary documentation attached. If pre-judgment interest is sought, the attached documentation must establish a written agreement between the parties for the charging of interest. The calculations as to the amount of accrued interest must be shown along with the calculations as to a daily rate of interest from and after the date of the Affidavit of Proof.
6. A separate Affidavit of Costs and Disbursements under NDRCivP Rule 54(e) limited only to the costs and disbursements authorized under NDCC 28-26-02 and 28-26-06. Unless proof of payment is provided showing that a notary was actually paid $1 for notarizing each affidavit, no costs for affidavits under NDCC 44-05-03 can be claimed.
7. An Order for Judgment which recites the default of the defendant and the amount claimed plus accrued interest together with interest accruing at the daily rate set forth in the Affidavit of Proof until the date of the entry of judgment, unless that rate is higher by agreement of the parties than the legal rate of interest on judgments, in which case the interest at the daily rate shall continue to accrue until the judgment is satisfied. The Order for Judgment shall allow for the inclusion of costs as set forth in the Affidavit of Costs and Disbursements. It is not necessary to set forth findings of fact and conclusions of law.
A Judgment in accordance with the Order for Judgement.
Rule 12.3 was adopted, effective _______________________________.
SOURCES: Joint Procedure Committee Minutes of ________________________.