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Civil Case
Default Judgment
Entry of Default Judgment
You may obtain a default judgment
from the court pursuant to Fed.R.Civ.Proc. 55. You may also obtain
a default judgment from the clerk of court under certain limited
circumstances, a key requirement being that the amount due is a
sum certain. Please reference Fed.R.Civ.Proc. 55(b)(1) to determine
if your case meets the requirements for a default judgment from
the clerk.
Documents Required:
From the Court:
The party requesting the default should file a motion for default
judgment and a proposed default judgment.
Internal Procedures:
All documents are forwarded to the docket clerk for processing
within 24 hours. The motion for default judgment and proposed
default judgment are entered on the docket.
From the Clerk:
The plaintiff should make a written request for the clerk to enter
a default judgment, and provide the clerk with an affidavit of the
amount owed by the defendant and a proposed clerkís default judgment.
Internal Procedures:
All documents are forwarded to the docket clerk for processing
within 24 hours. The request to enter a clerkís default judgment
and the affidavit are entered on the docket. The clerk will review
the record and determine if it is appropriate to enter a clerkís
default judgment. If the clerk determines that it is appropriate,
the clerk will complete the default judgment, sign it and enter
it on the docket.
NOTE: The clerkís entry of default judgment
indicates only that the clerk's office has reviewed the record and
made the appropriate determinations based upon the record. If the
presiding judge disagrees with the clerkís assessment, determines
that the facts set forth in the affidavit are not accurate, or determines
that the defendant was at the time of entry of the default judgment
an infant or incompetent person, or that the defendant had been
in the military service of the United States during the relevant
time period, the judge may vacate the clerkís entry of default judgment.
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