Local Rule RULE 7055-1: DEFAULT
Bankr. E.D. Okla. — General rule
RULE 7055-1. DEFAULT A.Entry of Default by Court Clerk. To obtain an entry of default pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, made applicable by Bankruptcy Rule 7055, the party shall file a Request for Entry of Default by the Clerk, Local Form 7055-1(A), which shall be accompanied by an affidavit setting forth:
1.The date of issuance of the summons;
2.The date of service of the complaint;
3.The date of filing of an affidavit of service;
4.The date a responsive pleading was due by virtue of Bankruptcy Rule 7012 and extensions of time granted to the defendant;
5.A statement, pursuant to Bankruptcy Rule 55(b)(1) of the Federal Rules of Civil Procedure, that the party against whom default is requested is not an infant or incompetent person; and 6.A statement, pursuant to the Service members Civil Relief Act, 50 U.S.C. App. § 521, a)declaring whether or not the defendant is in the military service and supplying necessary facts to support the declaration; or b)declaring that the plaintiff is unable to determine whether the defendant is in the military service.
Once a proper Request for Entry of Default by the Clerk with accompanying affidavit has been filed, the Clerk will enter default, Local Form 7055-1(B) after independently determining that service has been effected, that the time for response has expired, and that no answer or appearance has been filed.
B.Entry of Default Judgment. Once a party is in default, a default judgment pursuant to Rule 55(b) of the Federal Rules of Civil Procedure may be requested by filing a motion for default judgment. The motion shall state the factual basis upon which the plaintiff relies to prove each element of each claim for which a default judgment is requested. See Local Form 7055-1(C).
A Notice of Motion, Local Form 20A, shall be served upon the defendant and the defendant's attorney. The movant shall also submit to the Court a proposed Default Judgment, Local Form 7005-1(D).
The Court will determine whether judgment should be entered and may set the matter for hearing in order to make such determination. Only the Court may enter a judgment of default. The Clerk shall not enter a judgment of default.