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  1. #1
    Join Date
    Nov 2011
    Posts
    10

    Default Proof Hearing

    My question involves court procedures for the state of: New Jersey

    If a default judgement is entered in favor of the plaintiff, why would a judge call for a proof hearing?
    If the defendant does not show up for trial and the judge rules in favor of the plaintiff, should the case be closed?

  2. #2
    Join Date
    Oct 2014
    Posts
    7,454

    Default Re: Proof Hearing

    Even though the defendant does not appear, the plaintiff may still need to provide proof of his claim or damages. The details of the claim and the applicable court rules matter as to how defaults are done.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,274

    Default Re: Proof Hearing

    No surprise.

    Judges often prefer to rule on the merits of the case. Especially if a lot of money is involved.

    When I had my rentals the local judge reviewed my case before giving me the default judgment.

  4. #4

    Default Re: Proof Hearing

    Quote Quoting exitsign
    View Post
    My question involves court procedures for the state of: New Jersey

    If a default judgement is entered in favor of the plaintiff, why would a judge call for a proof hearing?
    If the defendant does not show up for trial and the judge rules in favor of the plaintiff, should the case be closed?

    Your question is based on an invalid premise. Meaning that a court is not going to order a "proof hearing" if it has theretofore entered "a default judgment in favor of the plaintiff". In other words the entry of the defendant's default is not a judgment in favor of the plaintiff.

    In this neck of the woods for instance in a case before a court of general jurisdiction where the defendant is found to be in default (for whatever reason it is warranted) the court orders the clerk to enter the defendant's default of record. Only then will consider the matter of the plaintiff's entitlement to a judgment and whether or not an evidentiary hearing is required. All being within the sound discretion of the judge.

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