Local Rule Local Civil Rule 55.1: Certificate of Default

Local Civil Rule 55.1. Certificate of Default

(a) A party seeking entry of default under Fed. R. Civ. P. 55(a) must file:

(1) a "Request to Enter Default," in a form prescribed by the clerk;

(2) an affidavit or declaration showing: (a) that the requirements of Fed. R. Civ. P. 4 for service or waiver of service have been satisfied; and (b) that the party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend;

(3) a proposed "Clerk's Certificate of Default," in a form prescribed by the clerk; and

(4) a certificate of service showing that the foregoing documents have been personally served on, or mailed to the last known residence (for an individual defendant) or business address (for other defendants) of, the party against whom default is sought.

If the mailing is returned, a supplemental certificate must be filed setting forth that fact, together with the reason provided for return, if any.

(b) The court, on its own initiative, may enter default or direct the clerk to enter default.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.