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Ch 1, p.58 CIVIL PROCEDURE December 2010
Rule 1.960 Taxation of costs. When the court fails to assess costs upon disposition of an action,
the clerk shall notify the judicial officer of such failure. If the court does not, within ten days of such
notification, make an assessment of costs, the clerk shall enter judgment for costs against the party
initiating the action.
[Report 1961; November 9, 2001, effective February 15, 2002; June 16, 2003, effective September 1, 2003]
Rule 1.961 Notes surrendered. The clerk shall not, unless by special order of the court, enter or
record any judgment based on a note or other written evidence of indebtedness until such note or
writing is first filed with the clerk for cancellation.
[Report 1943; amendment 1945; October 31, 1997, effective January 24, 1998; November 9, 2001, effective
February 15, 2002]
Rule 1.962 Affidavit of identity. The clerk shall not enter a personal judgment until the creditor,
creditor’s agent or attorney, files an affidavit stating the full name, occupation and residence of the
judgment debtor, to affiant’s information and belief. If such residence is in an incorporated place
of more than 5,000 population, the affidavit shall include the street number of debtor’s residence
and business address, if any. But a judgment entered or recorded without such affidavit shall not be
invalid.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rules 1.963 to 1.970 Reserved.
C. DEFAULTS AND JUDGMENTS THEREON
Rule 1.971 Default defined. A party shall be in default whenever that party does any of the
following:
1.971(1) Fails to serve and, within a reasonable time thereafter, file a motion or answer as required
in rule 1.303 or 1.304.
1.971(2) Withdraws a pleading without permission to replead.
1.971(3) Fails to be present for trial.
1.971(4) Fails to comply with any order of court.
1.971(5) Does any act which permits entry of default under any rule or statute.
[Report 1943; Report 1978, effective July 1, 1979; April 30, 1987, effective July 1, 1987; October 31, 1997,
effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.972 Procedure for entry of default.
1.972(1) Entry. If a party not under legal disability or not a prisoner in a reformatory or
penitentiary is in default under rule 1.971(1) or 1.971(2), the clerk shall enter that party’s default in
accordance with the procedures set forth in this rule without any order of court. All other defaults
shall be entered by the court.
1.972(2) Application. Requests for entry of default under rule 1.972(1) shall be by written
application to the clerk of the court in which the matter is pending. No default shall be entered unless
the application contains a certification that written notice of intention to file the written application
for default was given after the default occurred and at least ten days prior to the filing of the written
application for default. A copy of the notice shall be attached to the written application for default.
If the certification is filed, the clerk on request of the adverse party must enter the default of record
without any order of court.
1.972(3) Notice.
a. To the party. A copy of the notice of intent to file written application for default shall be sent
by ordinary mail to the last known address of the party claimed to be in default. No other notice to a
party claimed to be in default is required.
b. Represented party. When a party claimed to be in default is known by the party requesting the
entry of default to be represented by an attorney, whether or not that attorney has formally appeared,
a copy of notice of intent to file written application for default shall be sent by ordinary mail to the
attorney for the party claimed to be in default. This rule shall not be construed to create any obligation
to undertake any affirmative effort to determine the existence or identity of counsel representing the
party claimed to be in default.