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Cook v. Rowland6/21/2002 estimony in an affidavit or that of a live witness.
As a result of the court's decision today, careful practitioners will request a damages hearing or "trial" in every future default case, to avoid the possibility that a defendant, unhappy with the result of the case, will enter an appearance, preempt the judge, and move to set aside the default judgment. This will result in time-consuming and unnecessary hearings in cases where the amount of damages is easily ascertainable from documentary evidence.
For these reasons, I respectfully disagree with the majority's view that Cook's peremptory challenge was timely and should be given effect. I would remand for a damages trial before Judge Cutler.
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