Ohio Valley Radiology Associates, Inc. v. Ohio Valley Hospital Ass'n

I

Under Civ. R. 55, when a party defending a claim has “failed to plead or otherwise defend,” the court may, upon motion, enter a default judgment on behalf of the party asserting the claim. Civ. R. 55(A) and (C). If the defending party has failed to appear in the action, a default judgment may be entered without notice. If, however, the defending party has appeared in the action, the trial court must, by virtue of Civ. R. 55(A), afford that party seven days’ notice of the hearing on the motion for default judgment before entering judgment.

The question certified to this court is whether the…