(a) A party applying to the Clerk for a certificate of entry of default pursuant to Fed.
R. Civ. P. 55(a) shall submit an affidavit showing that (1) the party against whom it seeks a
judgment of affirmative relief is not an infant, or an incompetent person (2) a party against
whom it seeks a judgment for affirmative relief has failed to plead or otherwise defend the action
as provided in the Federal Rules of Civil Procedure and (3) it has properly served the pleading to
which the opposing party has not responded.
(b) If the party seeking judgment believes that the party whom judgment or
affirmative relief is being sought against is in the military, the party seeking judgment must
submit an affidavit which includes necessary facts to support the affidavit. If the party seeking
judgment is unable to determine that the party whom judgment or affirmative relief is being
sought against is in the military, the moving party must submit an affirmation stating that they
are unable to determine whether or not the party against whom it seeks judgment by default is in
the military service
