Local Rule D.C.COLO.LCivR 55.1: DEFAULT JUDGMENT FOR A SUM CERTAIN

D.C.COLO.LCivR 55.1 DEFAULT JUDGMENT FOR A SUM CERTAIN

(a) Required Showing. To obtain a default judgment under Fed. R. Civ. P. 55(b)(1), a party shall show by motion supported by affidavit:

(1) that the defendant who has been defaulted:

(A) is not a minor or an incompetent person;

(B) is not in the military service, as set forth in the Servicemembers Civil Relief Act, 50 U.S.C. § 3931, Protection of Servicemembers Against Default Judgments;

(C) has not made an appearance; and

(2) the sum certain or the sum that can be made certain by computation.

(b) Form of Judgment. The moving party shall submit a proposed form of judgment that recites:

(1) the party or parties in favor of whom judgment shall be entered;

(2) the party or parties against whom judgment shall be entered;

(3) when there are multiple parties against whom judgment shall be entered, whether the judgment shall be entered jointly, severally, or jointly and severally;

(4) the sum certain consisting of the principal amount, prejudgment interest, and the rate of post judgment interest; and

(5) the sum certain of attorney fees enumerated in the document on which the judgment is based.