Civil Cases

Entry of Default

LR 55.3 states: "Before the clerk is required to enter a default, the party requesting such entry must file with the clerk a written request for entry of default, submit a proposed form of entry of default, and file any other materials required by Fed. R. Civ. P. 55(a)."

Documents Required

With the request for clerk's entry of default, an affidavit in support and a proposed clerk's entry of default should be filed.

Internal Procedures

All documents are forwarded to the docket clerk for processing within 24 hours. The request for clerk's entry of default and affidavit are entered on the docket. If proof of service is on file and no responsive pleading has been filed by the defendant, the docket clerk will sign and file stamp the clerk's entry of default and enter it on the docket. If proof of service is not on file or if a responsive pleading was filed, the docket clerk will not sign or docket the clerk's entry of default.

NOTE: The clerk's entry of default indicates only that the clerk's office has verified that proof of service is on file and that no responsive pleading was filed. If the presiding judge disagrees with the clerk's assessment, the judge may vacate the clerk's entry of default.

Appeals: Civil or Criminal, Bankruptcy: General Information, Notice of Transfer, Attorney Desk Reference, Bankruptcy Filings, Instructions for Non-Lawyers, Civil Cases: General Instructions, Discovery Materials, Suits Against the U.S. or Employee of Govt, Removals from State Court, Default Judgment, Clerk's Entry of Default, Sensitive or Confidential: Filing a Document Under Seal, Private and Sensitive Case Info on the Internet