Local Rule DUCivR 55-1: DEFAULT AND DEFAULT JUDGMENT

DUCivR 55-1 DEFAULT AND DEFAULT JUDGMENT

(a) Procedure.

To obtain a default judgment, a party must:

(1) request the entry of a default certificate under Fed. R. Civ. P. 55(a), except in circumstances identified in section 55-1(c)(2)(C); and

(2) file a motion for default judgment under Fed. R. Civ. P. 55(b)(1) or (b)(2).

(b) Certificate of Default.

(1) A party requesting an entry of a default certificate under Fed. R. Civ. P. 55(a) must:

(A) file a motion for entry of default;

(B) file an affidavit confirming that the party against whom default is sought—

(i) is not an infant, in military service, or an incompetent person;

(ii) was served with process in a manner authorized in Fed. R. Civ. P. 4 and the date of service;

(iii) has failed to plead or otherwise defend; and

(C) email a proposed certificate of default in an editable format to utdecf_clerk@utd.uscourts.gov.

(2) A party may file a motion for judicial review of any order denying entry of a default certificate.

(c) Default Judgment.

(1) By the Clerk. A party must file a motion for default judgment for a sum certain to obtain a default judgment under Fed. R. Civ. P. 55(b)(1), which includes:

(A) the certificate of default;

(B) supporting affidavit; and

(C) a proposed order, which must also be emailed in editable format to utdecf_clerk@utd.uscourts.gov, that includes:

(i) the party or parties in favor of whom judgment will be entered;

(ii) the party or parties against whom judgment will be entered;

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

(iv) the sum certain or the computation consisting of the principal amount.

(2) By the Court.

(A) In all other cases, a party must file a motion for default judgment under Fed. R. Civ. P. 55(b)(2), which includes:

(i) the certificate of default; and

(ii) a proposed default judgment, which must also be emailed to the chambers of the assigned judge.

(B) In cases against the United States, its officers, or agencies, the party seeking default judgment must provide evidentiary support that satisfies Fed. R. Civ. P. 55(d).

(C) A court may enter default judgment as a sanction without the clerk entering a certificate of default.