5-336. DEMAND FOR JUDGMENT — DEFAULT JUDGMENTS. A judgment by default shall not be different in kind from or exceed in the amount that prayed for in the demand for judgment. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleading. Provided, however, if a judgment by default is entered in any claim for relief for personal injury or death pursuant to Idaho rule of civil procedure 8(a)(1), after default is entered, the court shall conduct such hearings or order such reference as it deems necessary and proper pursuant to Idaho rule of civil procedure 55(b)(2) to determine the appropriate amount of damages.
History:
[5-336, added 1987, ch. 278, sec. 10, p. 582.]
Structure Idaho Code
Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD
Chapter 3 - PARTIES TO ACTIONS
Section 5-302 - ASSIGNMENT OF THING IN ACTION.
Section 5-304 - MARRIED WOMEN AS PARTIES.
Section 5-305 - HUSBAND AND WIFE SUED TOGETHER.
Section 5-306 - INFANTS AND INSANE PERSONS — GUARDIANS AD LITEM.
Section 5-308 - ACTION FOR SEDUCTION.
Section 5-309 - ACTION FOR SEDUCTION — PROSECUTION BY PARENT OR GUARDIAN.
Section 5-310 - ACTION FOR INJURY TO UNMARRIED CHILD.
Section 5-311 - SUIT FOR WRONGFUL DEATH BY OR AGAINST HEIRS OR PERSONAL REPRESENTATIVES — DAMAGES.
Section 5-319 - DEATH OR TRANSFER OF INTEREST — PROCEDURE — ACTIONS BY OR AGAINST PUBLIC OFFICERS.
Section 5-326 - UNKNOWN OWNERS OR HEIRS — EFFECT OF JUDGMENTS AND DECREES.
Section 5-328 - STATE A PARTY DEFENDANT IN SUIT AFFECTING TITLE TO REAL OR PERSONAL PROPERTY.
Section 5-329 - SERVICE OF PROCESS UPON ATTORNEY GENERAL.
Section 5-330 - IMMUNITY OF PERSONS GIVING EMERGENCY FIRST AID FROM DAMAGE CLAIM.
Section 5-331 - IMMUNITY OF VOLUNTEER AMBULANCE ATTENDANT.
Section 5-332 - CONSENT FOR EMERGENCY MEDICAL TREATMENT.
Section 5-334 - ACT OR OMISSION PREVENTING ABORTION NOT ACTIONABLE.
Section 5-335 - GENERAL RULES OF PLEADING — CLAIMS FOR RELIEF.
Section 5-336 - DEMAND FOR JUDGMENT — DEFAULT JUDGMENTS.
Section 5-337 - IMMUNITY FOR USE OF AUTOMATED EXTERNAL DEFIBRILLATOR (AED).
Section 5-338 - IMMUNITY OF DONORS OF WILD GAME MEAT.
Section 5-339 - IMMUNITY OF FOOD DONOR AND FOOD BANK.
Section 5-341 - IMMUNITY OF EMPLOYERS ALLOWING EMPLOYEE FIREARM STORAGE.
Section 5-342 - IMMUNITY FOR SEARCH AND RESCUE OPERATIONS.
Section 5-343 - IMMUNITY OF COLLEGES AND UNIVERSITIES ALLOWING FIREARMS.
Section 5-344 - IMMUNITY — AID TO PERSON IN VEHICLE.