Local Rule LR3-201. Default judgments.

[Related Statewide Rule 1-055 NMRA] A. Certificate as to the state of the record. A certificate as to the state of the record is to be submitted with the court concurrent with filing a motion for default judgment using a form approved by the district court for that purpose. B. Servicemembers civil relief affidavit. A servicemembers civil relief affidavit is to be filed with the court concurrent with filing a motion for default judgment using a form approved by the district court for that purpose. C. Proof of damages for default judgments. (1) In suits on written agreements, it will not be necessary to submit evidence other than the original written agreement. Judgment will be entered for the principal amount claimed in the complaint provided that amount does not exceed the face amount of the written agreement, less any credits, plus interest and attorney fees if provided for in the written agreement or by statute. (2) In actions on insurance subrogation claims, proof of damages may consist of repair estimates, copies of medical bills and copies of checks paying the same, or other evidence showing that the insurance company has in fact paid for its insured’s property damages and reimbursed the insured’s medical expenses. Damages will not be awarded on default for any pain and suffering in the absence of actual evidence submitted under oath in open court. (3) In all other types of claims, proof must be submitted to substantiate the amount of damages to be awarded. D. Setting aside a default judgment. Any judge may sign a default judgment, but only the judge to whom the case is assigned shall hear a motion to set aside the default judgment.