§636-15  Default judgments.  Upon
application for a judgment by default:



(1)  If the taking of evidence is required or ordered
and the matter is one which would have been tried before a jury had there been
no default, the court shall accord a right of trial by jury unless the court in
its discretion upon motion orders trial without jury on any or all issues.



(2)  If a defendant served by publication has not
appeared in the action, the court shall require proof to be made of the
allegations of the complaint. [L 1972, c 89, §3(d)]