Section 9 Notice to Defaulting Party

• Library: Damages 2012

The issue of whether notice of the hearing on damages is required to the defaulting party has been the subject of continuing controversy and is beyond the scope of this chapter.

A party who defaults after being served is charged with notice of all later proceedings in the case. Bredeman v. Eno, 863 S.W.2d 24, 26 (Mo. App. W.D. 1993). The existing rule is that, even though the defendant may be entitled to be heard on the issues of damages, the plaintiff is not required to notify the defendant or defendant’s counsel of the hearing date. Barney v. Suggs, 688 S.W.2d 356 (Mo. banc 1985); Citizens Nat’l Bank of Greater St. Louis v. Boatmen’s Nat’l Bank of
St. Louis, 934 S.W.2d 6, 9 (Mo. App. E.D. 1996). The rule that
the plaintiff is not required to notify defense counsel of a default judgment was reaffirmed in Sprung v. Negwer Materials, Inc., 775 S.W.2d 97 (Mo. banc 1989).

The result can be devastating. In Sprung v. Negwer Materials, Inc.,727 S.W.2d 883 (Mo. banc 1987) (as noted below, this case was superseded by the promulgation of amendments to Rule 74.05(d)), the defendant timely notified his insurance carrier, which in turn timely employed defense counsel, whose entry of...