Rule 302.Entering a Default Judgment

Rule 301 enters the default; Rule 302 turns it into a judgment.

Sum certain

Where a claim is for a sum certain or one that computation can make certain, the court on request, with an affidavit showing the amount due, must enter judgment for that amount and costs — against a party who was defaulted for not appearing, is neither a minor nor an incompetent person, and was personally served, other than by publication or personal service outside the state. The affidavit must show the method of computation and attach the original instrument evidencing the claim unless the court permits otherwise.

All other cases

The party must apply to the court. A default judgment may be entered against a minor or incompetent person only if represented by a general guardian, conservator or like fiduciary who has appeared. If the party against whom judgment is sought has appeared, personally or by a representative, they must be served with written notice of the application at least 3 days before the hearing.

The court may hold hearings or make referrals where it needs to conduct an accounting, determine damages, establish the truth of any allegation by evidence, or investigate any other matter. A default admits nothing the court still needs proved.

The address certification

Every application must contain written certification of the name of the party against whom judgment is requested and the address most likely to give that party notice — and the clerk must use that address in giving notice of the judgment. The applying party supplies the address at which the defaulted party will learn what happened.

The State

A default judgment may be entered against Idaho, its officers, agencies or political subdivisions only if the claimant establishes a claim or right by evidence that satisfies the court. There is no true default against the State.

Two family law attachments

An application in a divorce or annulment must be accompanied by a Department of Vital Statistics certificate, fully filled out by the party seeking it. An application requesting child support or a modification of it must be accompanied by a fully completed child support transmittal form. Both feed state record systems, and the application is incomplete without them.