Procedure if judgment by default
585 Procedure if judgment by default
A defendant against whom judgment is entered for damages or value to be assessed may take part in the assessment of those damages or that value.
On entry of judgment, the registrar is to cause to be served on the defendant a notice of assessment of damages.
A notice of assessment may be served by delivering it personally to the defendant or by sending it by post – if the defendant has not filed a notice of appearance, to the address at which the defendant was served with the writ; or if the defendant has filed a notice of appearance, to the address given as the address for service in the notice of appearance.
Without the leave of the Court or a judge, an assessment under this rule is not to be listed for hearing until after the expiration of 10 days after the date of the service of the notice of assessment of damages.
A party, at any time before an assessment under this rule is listed for hearing, may apply for directions by notice to a judge in chambers.
On the hearing of an application under subrule (5), a judge may require the parties to comply with Parts 13 and 14 to the extent that the judge considers appropriate.
After an assessment under this rule is listed for hearing, the Court or judge hearing the assessment, on the application of any party, may require the parties to comply with Parts 13 and 14 to the extent that the Court or judge considers appropriate.
Unless the Court or judge otherwise orders, evidence by affidavit may be used at the hearing of an assessment.
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