§ 6-1432.Default judgments.

Section 6-1432 covers what happens when a defendant stays silent instead of responding. If the defendant fails to answer, demur, or otherwise plead after the case has been set for answer, the plaintiff can move for a default judgment. That judgment isn’t automatic just because the defendant is silent — it has to rest on a verified petition, affidavits, or sworn testimony that establishes the claim.

That evidentiary requirement matters: a default doesn’t mean the court takes the plaintiff’s word without any proof. The plaintiff still has to put forward sworn material sufficient to establish the claim before judgment enters.

The rule adds one specific safeguard for cases built around a negotiable instrument, like a promissory note. No judgment can be entered on such an instrument unless the original document is surrendered to the court for cancellation. That protects a defendant from facing a second demand for payment on the same note from someone else who might still hold it.