Rule 14 Entry of Judgment
Rule Text
(a) JUDGMENT FOR POSSESSION. A judgment for possession may be entered:
(1) by consent;
(2) on the defendant’s confession of liability before the court;
(3) as a sanction for the defendant’s failure to comply with a protective order, as provided in Rule 12-I;
(4) by summary judgment in favor of the plaintiff or the defendant;
(5) in accordance with D.C. Code § 16-1501 in a trial proceeding; or
(6) by default in accordance with Rule 14(c)
(b) MONEY JUDGMENT. Subject to Rule 3, a money judgment may be entered:
(1) by consent;
(2) on the defendant’s confession of liability before the court;
(3) by summary judgment in favor of the plaintiff or the defendant;
(4) in favor of the prevailing party, at the conclusion of a trial or other hearing to the extent of the total amount proven; or
(5) by default in accordance with Rule 14(c).
(c) DEFAULT JUDGMENT.
(1) Servicemembers Civil Relief Act Affidavit. In any case where the defendant has not made an appearance, a default judgment may be entered against the defendant only if the plaintiff files a Civil Action Form 114 that complies with the Servicemembers Civil Relief Act (50 U.S.C. §§ 3901-4043).
(2) Default Judgment for Possession.
(A) “Drug Haven” Case. In a case where default is entered under Rule 11(b)(2) and the plaintiff seeks possession under the Residential Drug-Related Evictions Re- Enactment Act of 2000 (D.C. Code § 42-3602) (authorizing evictions for maintaining a “drug haven”), the court may enter judgment for possession in favor of the plaintiff only on the plaintiff’s presentation of ex parte proof and, if required by Rule 14(c)(1), the filing of Civil Action Form 114.
(B) Cases Where Defendant Has Appeared. In a case where default is entered under Rule 11(b)(2) but the defendant has previously entered an appearance, the court may enter a judgment for possession in favor of the plaintiff only on the plaintiff’s presentation of ex parte proof.
(C) Procedure for Presenting Ex Parte Proof. In cases requiring the presentation of ex parte proof, the plaintiff must appear before the judge on the day that the default is entered to present ex parte proof or to schedule a hearing for a later date for the presentation of ex parte proof. If the presentation of ex parte proof is scheduled for another date, the clerk must send written notice to all parties.
(D) All Other Cases. In all other cases where a default is entered under Rule 11(b)(2), the clerk must enter a judgment for possession in favor of the plaintiff on the filing of the Civil Action Form 114 required by Rule 14(c)(1).
(3) Default Money Judgment.
(A) Procedure. The plaintiff must appear before the judge to request the entry of a money judgment following the entry of a default under Rule 11(b)(2). The court may hear and rule on the plaintiff’s request; however, entry of a money judgment by default must be deferred until the plaintiff files the Civil Action Form 114 required by Rule 14(c)(1).
(B) Limitations. A money judgment entered based on the defendant’s default must be limited to the amount demanded in the complaint.
(d) ADDITIONAL RELIEF. Additional relief may be entered:
(1) by consent of the parties; or
(2) in favor of either party, by the court at the conclusion of a trial or a hearing.
(e) VACATING ENTRY OF DEFAULT OR DEFAULT JUDGMENT BY CONSENT. The clerk may vacate an entry of default or a default judgment at any time if all parties, or their attorneys, file a signed praecipe so requesting and bearing evidence of its service on all parties that have appeared.
(1) Praecipe Requirements. The praecipe must be signed by all parties that have appeared, or their attorneys, and must certify that all parties consent to either:
(i) vacating entry of default, in which case the caption of the praecipe shall expressly state: PRAECIPE TO VACATE ENTRY OF DEFAULT BY CONSENT; or
(ii) vacating default judgment, in which case the caption of the praecipe shall expressly state: PRAECIPE TO VACATE DEFAULT JUDGMENT BY CONSENT.
(2) A praecipe or other paper not conforming to the requirements of this rule will not be accepted for filing by the clerk.