Ind. Elkhart Cnty. Local Rule LR20-TR55-217

217.1. Proper Service

At the time of the request for entry of a default judgment under Trial Rule 55, the moving party must

demonstrate that service has been perfected on the party or parties against whom default is sought.

217.2. Affidavit for Judgment by Default

At the time of filing of a motion for default judgment or at the time of a hearing scheduled for entry of a

default judgment, the moving party shall file an affidavit indicating that the party or parties against whom

default is sought is not a member of the military service, is neither a minor nor incompetent, and is not

institutionalized.

217.3. Affidavit of Attorney Fees

At the time of filing of a motion for default judgment or at the time of a hearing scheduled for entry of a

default judgment, a moving party who is requesting an allowance of attorney’s fees shall file an affidavit

executed by the attorney requesting the fee. The affidavit shall be in a form and substance to enable the

Court to determine if attorney’s fees are appropriate, and if so the reasonable amount of fees. The affidavit

shall set forth the authority for the Court to award attorney’s fees (that is, statute, contract, etcetera) and

the basis upon which the proposed fees were computed (that is, the hourly rate, the number of hours

employed or anticipated to be employed in obtaining and enforcing a judgment herein). In the absence of

an affidavit or sworn testimony in lieu thereof, no attorney’s fees shall be allowed.