Rule 58.2.Entry of judgment by confession in open court

Rule 58.2 offers a second path to a confessed judgment, one that plays out in the courtroom instead of through mailed notice. The Superior Court may enter a judgment by confession in open court for money already due, money that will become due, or to secure the obligee against a contingent liability, on the application of the obligee or an assignee of a bond, note, or other obligation that contains a warrant authorizing an attorney or other person to confess judgment.

The plaintiff appears on any motion day, with the defendant obligor present, and a court reporter records the proceeding. The plaintiff has to bring the same form of praecipe Rule 58.1(a)(1) prescribes, plus the original authorizing document and a legible copy for the prothonotary and each defendant obligor. At the hearing, the plaintiff must prove the obligation is genuine, that the signature belongs to the obligor appearing in Court, that the person appearing is in fact that obligor, and that the obligor effectively waived their constitutional rights concerning entry of judgment and execution on it.

Once the Court is satisfied on those points, it enters whatever orders are appropriate, including on costs, and the resulting judgment is final to the same extent as a judgment entered after a trial. Execution on a judgment confessed this way then follows the same procedure Rule 58.1(h) sets out for any other confessed judgment.