Clerk’s Entry of Default and Default Judgment

Pursuant to Fed. R. Civ. P. 55(a), when a Request for Clerk’s Entry of Default is filed, the clerk must verify that service of process was completed and that there has been no attempt to defend. The process server’s affidavit should have already been filed pursuant to Fed. R. Civ. P. 4(l). If it was not previously filed, it may be attached to the Request for Clerk’s Entry of Default. Besides reviewing the case record to confirm that there has been no attempt to defend, the clerk will review the Request for Clerk’s Entry of Default to confirm that the party seeking entry of default also confirms that there has been no attempt to defend.

The clerk will not issue default absent the Court’s direction if an attempt to defend, such as a Motion to Dismiss or late Answer, has been filed.

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. A judge may vacate the clerk's entry of default.

The Court does not require a specific affidavit/declaration form to support a request for default judgment, but the language must verify that the defendant is not a minor nor an incompetent person. If the defendant is a person, it must also establish that the defendant is not a member of the military or was not six months prior to the filing of the case (see 50 U.S.C. § 3931).

E-Filing Instruction:

1)      E-file a Request for Clerk’s Entry of Default using the event Request for Entry of Default by Clerk (found under Civil – Other Filings – Other Documents).

2)      E-file a Motion for Default Judgment using the Motion for Default Judgment event.