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Rule 510.6. Trial Date; Answer; Default Judgment (2022)
TEXT
(a) Trial Date and Answer. The defendant must appear for trial on the day set for trial in the citation. The defendant may, but is not required to, file a written answer with the court on or before the day set for trial in the citation.
(b) Default Judgment. If the defendant fails to appear at trial and fails to file an answer before the case is called for trial, and proof of service has been filed in accordance with Rule 510.4, the allegations of the petition must be taken as admitted and judgment by default rendered accordingly. If a defendant who has answered fails to appear for trial, the court may proceed to hear evidence and render judgment accordingly. Notice of a default judgment, as required by Rule 503.1(d), must be sent to the defendant. A default judgment must comply with Rule 505.1.
(c) Notice of Default. When a default judgment is signed, the clerk must comply with Rule 503.1(d) and immediately mail written notice of the judgment by first class mail to the defendant at the address provided by the plaintiff and, if different, at the address of the premises.
Amended by order of April 25, 2022, eff. May 1, 2022.
AMENDMENTS