Guidelines for Requesting Clerk's Entry of Default & Default Judgment
Under Rule 55 of the Federal Rules of Civil Procedure, when a defendant has failed to appear and deferred within the prescribed time limits, application may be made for Clerk's Entry of Default and for Default Judgment. Note:Please refer to Local Rule 55.1 for more specific guidelines.
- Request for Clerk's Entry of Default
Affidavit of Non-Military Service and Competency
- For individuals only
- Not needed for corporations
- Must reflect that defendant has not been in the military since filing of suit or for six months prior to such filing
- Must also reflect that defendant is not an infant or incompetent person
Affidavit of Sum Certain
- Needed if Plaintiff's claim is for a sum certain or for a sum which can be made certain by computation
- Motion for Entry of Default Judgment
- Proposed Default Judgment Order
Upon receipt of the above, a determination is made if service has been effected and no answer or appearance has been filed. If it has, we will then type on our form the Clerk's Entry of Default. Copies will be sent to counsel of record and/or pro se litigants. The Motion and proposed Default Judgment Order are forwarded to the appropriate Judge for review and approval.