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Defaults and Dismissals by the Court

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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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