Local Rule 55.0: Default Judgment
D. Vt. — Civil rule
Rule 55. Default Judgment.
(a) Clerk's Entry of Default. When a party is entitled to default judgment under Fed. R. Civ. P. 55(b)(1) or Fed. R. Civ. P. 55(b)(2), that party must first obtain a clerk's entry of default under Fed. R. Civ. P. 55(a). An application for a clerk's entry of default must include a statement explaining the basis for entitlement to an entry of default.
(b) By the Clerk.
(1) Documents to Submit. When a party is entitled to default judgment under Fed. R. Civ. P. 55(b)(1), that party must submit:
(A) an application for entry of default judgment;
(B) a proposed default judgment with a statement containing the following:
(i) the amount due, not exceeding the amount of the original demand; and crediting any payments, showing the amounts and dates of them;
(ii) a computation of accrued interest as of the proposed judgment date; and
(iii) any claimed costs and taxable disbursements.
(C) an affidavit containing the following:
(i) the party against whom judgment is sought is not an infant, an incompetent person, or in the military;
(ii) the party against whom judgment is sought has defaulted by not appearing or defending;
(iii) the amount shown in the statement is justly due and no amount has been paid except as stated; and
(iv) the disbursements sought to be taxed have been made or necessarily will be made in the future.
(2) Consultation and Referral to District Judge. If the clerk determines that it may not be appropriate to enter a default judgment under Fed. R. Civ. P. 55(b)(1), the clerk may confer with a district judge. The district judge will advise the clerk whether default judgment under Rule 55(b)(1) is appropriate. If such a judgment is not appropriate, the clerk shall so notify the applicant, who may then proceed to move for default judgment under Fed. R. Civ. P. 55(b)(2), in accordance with subsection (c).
(c) By the Court. When a party requests the court enter a default judgment, that party must submit the following documents:
(1) a copy of the clerk's entry of default;
(2) a motion for entry of default judgment; and
(3) a proposed default judgment order.