it is a trial where you put in your evidence and argue the law for what you want in the proposed final judgment and the judge has to make a decision at the end of the trial that may or may not be what you asked for but the judge is supposed to apply the law to the facts and evidence. So prepare for a trial with documentary evidence and the appropriate witnesses.

Nikki,

  In addition to what my colleagues have said, don't forget that the defaulting party gets to cross-examine your witnesses if he shows. You should make sure that you give the defaulting party notice of the hearing. You need to prepare your witnesses and evidence for cross-exam.

Regards,

Ed

* * *

Edward J. Zohn, Attorney at Law

Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

908.791.0312 office; 908.229.0319 mobile; 908.660.4866 fax

"Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

www.zohnlaw.com

There is a good discussion in Skoloff  and Cutler at Section 1.9A(3) Proceeding with a Default Case indicating that the extent of participation of the Defaulting Defendant  is limited in the discretion of the Court in view of the circumstances giving rise to the Default either by a failure to answer or a failure to make discovery and a dismissal by the Court and suppression of the Pleadings as a Discovery Sanction. Please review  as  the section is helpful and being forewarned is being  forearmed.

JJH

John J. Harper, JSC [ret.]                                                                                     

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