Rule Text
By moving for a default judgment, the plaintiff or his attorney is certifying to the court that the defendant in the principal or incidental demand has failed to answer or file other pleadings within the time prescribed by law or by the court, provided notice that the plaintiff intends to obtain a default judgment is sent if required, unless such notice is waived.
Amendment history: Adopted April 1, 2002, effective April 1, 2002; amended June 2, 2003, effective July 1, 2003; amended November 20, 2009, effective January 1, 2010; amended March 31, 2022, effective March 31, 2022.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When someone asks the court for a default judgment, they are telling the court that the other side never filed an answer or any paperwork by the deadline. The person asking for the default judgment is making an official statement that this is true. They are also confirming that they sent notice to the other side about their plan to get a default judgment, if the law requires that notice, unless the other side agreed to skip that notice.
This rule is meant to protect fairness in the process. It stops someone from getting a quick win in court without giving the other person a real chance to respond. If notice was supposed to be sent and it was not, the default judgment can run into problems later. The person filing needs to make sure they followed every step correctly before asking the court to rule in their favor because the other side did not show up or respond.