Local Rule 7055-1: DEFAULT

RULE 7055-1 DEFAULT

(A) When a party fails to respond after being timely served with a summons and complaint, cross-complaint, or third-party complaint, the party that filed the complaint shall seek entry of a clerk's default and default final judgment. A party seeking entry of a Clerk's default shall file a motion that states:

(1) Upon whom, how, and when service was made, with reference to the applicable Bankruptcy Rule;

(2) The date on which a responsive pleading was due;

(3) That no extension of time was sought or obtained by the adverse party; and

(4) That the movant seeks an entry of a Clerk's default.

(B) The party seeking a judgment by default shall file the following:

(1) File a verified motion or a motion with a sworn affidavit attached, requesting entry of a default final judgment and containing facts in support of the allegations set forth in the complaint, cross-complaint, or third-party complaint;

(2) File an affidavit of non-military service (where applicable); and

(3) Submit a proposed order granting the motion for entry of default final judgment; and a proposed final judgment.

Advisory Committee Notes 2020 Amendment The amended rule includes only stylistic changes. The format of subdivisions is changed to maintain a consistent style across all rules. Additional changes are intended to improve readability.