(a) By the Clerk. Prior to filing a request for a default judgment for a sum certain,
the party must first obtain a Clerk’s Certificate of Entry of Default as required by L.R. 55.1.
When a party is entitled to have the Clerk enter a default judgment pursuant to Fed. R. Civ. P.
55(b)(1), the party shall submit, with the form of judgment, the Clerk’s certificate of entry of
default, a statement showing the principal amount due, not to exceed the amount demanded in
the complaint, giving credit for any payments, and showing the amounts and dates of payment, a
computation of the interest to the day of judgment, a per diem rate of interest, and the costs and
taxable disbursements claimed. An affidavit of the party or the party's attorney shall be
appended to the statement showing that:
1. The party against whom it seeks judgment is not an infant or an
incompetent person;
2. The party against whom it seeks judgment is not in the military service, or
if unable to set forth this fact, the affidavit shall state that the party against
whom the moving party seeks judgment by default is in the military
service or that the party seeking a default judgment is not able to
determine whether or not the party against whom it seeks judgment by
default is in the military service. See Servicemembers Civil Relief Act, 50
U.S.C. § 3931(b)(3);
3. The party has defaulted in appearance in the action;
4. Service was properly effected under Fed. R. Civ. P. 4;
5. The amount shown in the statement is justly due and owing and that no
part has been paid except as set forth in the statement this Rule requires;
and
6. The disbursements sought to be taxed have been made in the action or will
necessarily be made or incurred.
The Clerk shall then enter judgment for principal, interest and costs. If, however, the
Clerk determines, for whatever reason, that it is not proper for a sum certain default judgment to
be entered, the Clerk shall forward the documents submitted in accordance with L.R. 55.2(a) to
the assigned district judge for review. The assigned district judge shall then promptly notify the
Clerk as to whether the Clerk shall properly enter a default judgment under L.R. 55.2(a).
(b) By the Court. Prior to filing a motion for default judgment, the party must first
obtain a Clerk’s Certificate of Entry of Default as required by L.R. 55.1. The motion, pursuant to
Fed. R. Civ. P. 55(b)(2), shall include a memorandum of law pursuant to Local Rule 7.1 and a
proposed order. The moving party shall also include in its application an affidavit of the moving
party or the moving party's attorney setting forth facts as required by L.R. 55.2(a).
