ex parte proof hearing in District of Columbia

2019R. 55(b)(2) states that no later than "60 days after a default is entered, the party must apply to the court for a default judgment either by motion or praecipe, served on all parties, requesting the setting of an ex parte proof hearing." "An entry of default is simply an interlocutory order, whereas a default judgment is a final judgment that terminates the litigation and decides the dispute." Arthur v. District of Columbia , 857 A.2d 473 , 483-84 (D.C. 2004) (quoting Lockhart v. Cade , 728 A.2d 65 , 68 (D.C. 1999) ) (internal quotation marks omitted).

2000Although we have held that “there can be no claim for unjust enrichment when an express contract exists between the parties,” Schiff v. American Ass’n of Retired Persons, 697 A.2d 1193 , 1194 & n. 2 (D.C.1997), an ex parte proof hearing on damages does not consider the merits of the cause. “[T]he entry of a default ‘operates as an admission by the *284 defaulting party that there are no issues of liability, but leaves the issue of damages unresolved until entry of judgment.’ ” Lockhart v. Cade, 728 A.2d 65, 68 (D.C.1999) (quoting 46 Am.Jur.2d Judgments § 266, at 579 (1994)).

2024See Hudson, 917 A.2d at 83, 85 (remanding for additional findings 2 The failure to receive such notice is not generally a basis for relief under Rule 60(b) unless such failure renders the judgment void.

2016See supra note 3; Butler v. Harden, 131 A.3d 877, 880 (D.C.2016). 20 .

2016Ms. Wylie never explicitly states in her brief that she is entitled to relief from judgment under either Rule 60(b)(1) (authorizing relief on grounds of mistake, inadvertence, surprise, or excusable neglect) or 60(b)(6) (authorizing relief for "any other” appropriate reason), but given her reliance on Carrasco, 988 A.2d at 476 (reversing denial of relief from judgment under Rule 60(b)(6) and remanding for "a more thorough inquiry”), and Starling, 495 A.2d at 1162 (holding relief from judgment was warranted under either Rule 60(b)(1) or 60(b)(6)), we understand that to be her argument. 17 .

2016“If the court was not prepared to accept the truth of’ Ms. Wylie’s claim that she was unaware of the ex parte proof hearing, “it should have afforded [her] the chance to prove it in an evidentiary hearing.” Carrasco, 988 A.2d at 475 ; see also Hawkins v. Lynnhill Con do, Unit Owners Ass’n, 513 A.2d 242, 244-45 (D.C.1986) (holding that the trial court abused its discretion by concluding that defendant was validly" served without resolving the factual dispute). 2.

2016Ms. Wylie never explicitly states in her brief that she is entitled to relief from judgment under either Rule 60(b)(1) (authorizing relief on grounds of mistake, inadvertence, surprise, or excusable neglect) or 60(b)(6) (authorizing relief for "any other” appropriate reason), but given her reliance on Carrasco, 988 A.2d at 476 (reversing denial of relief from judgment under Rule 60(b)(6) and remanding for "a more thorough inquiry”), and Starling, 495 A.2d at 1162 (holding relief from judgment was warranted under either Rule 60(b)(1) or 60(b)(6)), we understand that to be her argument. 17 .

2016“If the court was not prepared to accept the truth of’ Ms. Wylie’s claim that she was unaware of the ex parte proof hearing, “it should have afforded [her] the chance to prove it in an evidentiary hearing.” Carrasco, 988 A.2d at 475 ; see also Hawkins v. Lynnhill Con do, Unit Owners Ass’n, 513 A.2d 242, 244-45 (D.C.1986) (holding that the trial court abused its discretion by concluding that defendant was validly" served without resolving the factual dispute). 2.

2000See also Firestone v. Harris, 414 A.2d 526, 528 (D.C.1980) (entry of default establishes the non-defaulting party’s right to recover); Taylor v. Johnson, 262 A.2d 803, 804 (D.C.1970) (the effect of the entry of default is the admission of the truth of well-pleaded allegations in the complaint).

2000See also Firestone v. Harris, 414 A.2d 526, 528 (D.C.1980) (entry of default establishes the non-defaulting party’s right to recover); Taylor v. Johnson, 262 A.2d 803, 804 (D.C.1970) (the effect of the entry of default is the admission of the truth of well-pleaded allegations in the complaint).

1996D.C. at 360, 758 F.2d at 680 (court of appeals will not disturb a grant of summary judgment on the basis of a factual dispute not presented to the trial court); Cannon v. District of Columbia, 569 A.2d 595, 596 (D.C.1990) (issues not raised at trial are waived on appeal). [13] Although this proceeding is referred to by the parties as an ex parte proof hearing, both N & N and Urban fully participated.

1996D.C. at 360, 758 F.2d at 680 (court of appeals will not disturb a grant of summary judgment on the basis of a factual dispute not presented to the trial court); Cannon v. District of Columbia, 569 A.2d 595, 596 (D.C.1990) (issues not raised at trial are waived on appeal). [13] Although this proceeding is referred to by the parties as an ex parte proof hearing, both N & N and Urban fully participated.