PRETRIAL ADJUDICATION
...Default
......Entry of Default
.........Statement of Damages
 9 Cards On This Topic:
  • In complaint demanding recovery of money or damages, amount thereof shall be stated.
  • Damages statement required in personal injury or wrongful death actions.
  • Where D had actual notice of statement of damages in PI case, due process not violated by failure to serve D personally 30 days before entry of default judgment as D had sufficient time to respond.
  • Statutory requirement that personal injury plaintiff give notice to defendant of amount of damages sought, before default may be entered, does not specify exact amount of notice required.
  • Relief granted to P, if no answer, cannot exceed what is demanded in complaint, or statement of damages; otherwise, court may grant relief consistent with case made by complaint and embraced in issue.
  • Damages statement required in personal injury or wrongful death actions.
  • Requirement that D be given notice of amount of damages demanded applies not only where default entered due to D’s failure to answer, but also when default entered after answer stricken as discovery sanction.
  • Since Ds failed to petition trial ct. to compel P to serve statement of damages, they waived right to exclude damages evidence at trial.
  • Trial ct. did not err in denying motion to set aside default where service by publication, after extensive attempts to locate defendant; damages statement not required in circumstances.


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