Filing Information - Filing Procedures

 

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 clerkÝs default judgment.

Internal Procedures:
All documents are forwarded to the docket clerk for processing within 24 hours. The request to enter a clerkÝs 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 clerkÝs 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 clerkÝs 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 clerkÝs 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 clerkÝs entry of default judgment.