Rule 10 - Default judgment(a) A magistrate shall enter judgment by default against a defendant when it appears from the record that the defendant has been served with the summons and complaint in accordance with these rules and has failed to appear or to answer within the time provided in Rule 4, and the plaintiff submits either an affidavit or sworn testimony stating: (1) That the defendant has failed to appear or to answer the complaint or notify the court of intent to contest the case; and(2) The relief the plaintiff requests from the court and whether it is for a sum certain or for a sum which can by computation be made certain.(b) In the event that the plaintiff's claim is not for a sum certain, or for a sum which can by computation be made certain, the magistrate shall require further proof by affidavit or sworn testimony as is necessary to determine the propriety of the relief sought.(c) A default judgment may be obtained in a similar manner against any party that has been served, in accordance with these rules, with a copy of a counterclaim, cross-claim, or third-party complaint, and has failed to appear or otherwise defend as required by these rules.(d) No default judgment may be entered against a party who is an infant, an incompetent, or an incarcerated convict unless such person is represented by a guardian, committee resident, or guardian ad litem.(e) A default judgment may be set aside in accordance with Rule 17 and Rule 20(c).R. Civ. Proce. For. Magist. Ct. 10
Amended by order entered December 15, 1988, effective 1/1/1989; and by order entered 7/1/1991, effective 8/1/1991.