Landlord must file affidavit of merit to get default judgment.

Position:PROCEDURE--COURT - Brief article

Landlord sued to evict tenant for nonpayment of rent. After tenant failed to appear in court, the warrant clerk rejected landlord's application for a default judgment and issuance of an eviction warrant for omitting an affidavit of merit. Landlord then asked the State Supreme Court to bar the warrant clerk from rejecting the warrant application. Landlord claimed that no statute required this affidavit in order to get a default judgment.

The court ruled against landlord. The Deputy Chief Administrative Judge had issued a directive, DRP-191-A, stating that a court couldn't accept a default petition unless it contained an affidavit that the facts were sworn to or...

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