Local Rule Rule 55.1: Motions for Entry of Default and Default Judgment

Rule 55.1. Motions for Entry of Default and Default Judgment The following procedures govern the two-step process for obtaining a default judgment pursuant to Federal Rule of Civil Procedure 55(a):

(a) Entry of Default. To request the entry of default against a party, the movant must provide evidence by affidavit or declaration, along with appropriate documentation, of the following:

(1) Proof of proper service upon the party of a summons and complaint for affirmative relief;

(2) The party's failure to timely plead or otherwise respond to the complaint;

(3) In the case of an entity party, including a government or agency or branch thereof, that the person served qualifies as an officer, manager, agent, or otherwise is authorized by appointment or law to be served on behalf of the entity.

(4) If service is made pursuant to a state's law other than that of the United States Virgin Islands, the movant must provide a citation to and a copy of the applicable statute under which service was made.

(b) Default Judgment.

(1) A party moving for a default judgment (whether by the Clerk or by the Court) shall submit proof of compliance with the Servicemembers' Civil Relief Act (50 U.S.C. app. §§ 501 et seq.).

(2) A party seeking default judgment may move for default judgment under Rule 55(b) at any time after default has been entered.