Judgment, Default, Damages Do Not Exceed Amount in Pleading If Pleading Seeks Damages as Proven at Trial, 2, 4
Fed. R. Civ. P. 54(c) provides that a default judgment “must not differ in kind from, or exceed in amount, what is demanded in the pleadings.” This decision holds that a default judgment does not exceed the amount demanded in the complaint if that pleading seeks damages as proven at trial. There is no need to state in the complaint the amount of damages sought. So damages are not limited by the amount stated in the complaint so long as the pleading alleges that plaintiffs seeks damages according to proof at trial in addition to any amount of damages alleged in the complaint.