§ RULE 58.2 ENTRY OF JUDGMENT BY CONFESSION IN OPEN COURT

RULE 58.2 ENTRY OF JUDGMENT BY CONFESSION IN OPEN COURT

(a) A judgment by confession may be entered in open court by the Superior Court either for money due or to become due, or to secure the obligee against a money contingent liability, or both, on the application by the obligee or assignee of a bond, note or other obligation containing a warrant for an attorney-at-law or other person to confess judgment.

(b) Application for the entry of judgment by confession in open court shall be as follows:

(1) The plaintiff may appear at any motion day as described by Rule 58.1(g)(1), together with the defendant obligor.

(2) A court reporter shall make a record of the proceedings.

(3) The plaintiff shall provide the Court with the following:

(I) A praecipe in the form prescribed by Rule 58.1(a)(1).

(II) The original document authorizing confession of judgment, together with a completely legible photocopy for the Prothonotary and each defendant obligor against whom judgment is requested.

(4) The plaintiff shall prove:

(I) The genuineness of the obligation, the signature of the defendant obligor against whom judgment is sought and the identity of the defendant obligor appearing in the Court.

(II) The defendant obligor has effectively waived obligor's constitutional rights concerning the entry of judgment and the right to execution thereon.

(5) The Court shall make such orders as are appropriate including the assessments of costs. Any judgment entered shall be final to the same extent as a judgment entered after a trial.