Hearing On Motion For Default Judgment Not Required In Every Case

Ex parte Living By Faith Christian Church, [Ms. 1190872, Nov. 5, 2021] __ So. 3d __ (Ala. 2021). On certiorari review, the Court (Stewart, J.; Shaw, Wise, Bryan, Sellers, and Mendheim, JJ., concur; Parker, C.J., and Bolin and Mitchell, JJ., dissent) affirms the Court of Civil Appeals’s determination that Rule 55(b)(2) does not require a trial court to hold a hearing on every application or motion for a default judgment. Ms. *2. While acknowledging that the language of Rule 55(b)(2) is ambiguous in regard to the requirement of a hearing, after reviewing federal authorities construing the similar federal rule, the Court “conclude(s) that Rule 55(b)(2) does not require a trial court to hold a hearing before entering a default judgment in every circumstance and that, instead, a trial court has the discretion to determine whether a hearing is necessary.” Ms. *15.

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