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RULE 16 - DEFAULTS - DISMISSAL BY COURT
(A) In all cases in which default judgment is available
to a party by reason of failure of defendant to answer or
appear, failure, thereafter, of such party to make demand
for judgment by default under Rule 55(A) of Ohio Rules of
Civil Procedure within thirty (30) days from the time that
plaintiff has notice of defendant's default, shall constitute
cause for dismissal of the complaint by the Court for want
of prosecution.
(B) A default by a defending party is an admission of all
allegations in the complaints except damages. Civil Rule
8(D). For cases based on an account, the plaintiff is required
to show, in the complaint or otherwise, that there have
been no subsequent payments or credits on the account. For
all other motions for default, proof of damages is required.
Depending upon the specific nature of the case, proof may
be provided to the Court by testimony or affidavit. Uncertified
documents, not accompanied by an affidavit or testimony,
may not be considered proof of damages. The affidavit must
be executed by a person with personal knowledge of the contents
of the affidavit. An attorney for the moving party may not
be the affiant for an affidavit for proof of damages. If
there are multiple damages, a listing of all damages and
credits, if any, should be filed with the Court to expedite
the default proceeding, either as part of the motion for
default, exhibit, or by separate document.
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