(a) Default. The Clerk shall enter a default upon an application by a party that conforms to the
requirements of Fed. R. Civ. P. 55(a).
(b) Default Judgment. Not less than 14 days after filing of a motion for entry of default
judgment made against a party not represented by counsel, the moving party shall file with
the Court a certification that:
(1) The party against whom a default judgment is sought is not in the military service of
the United States as defined by the Servicemembers Civil Relief Act of 2003, as
amended; and
(2) Notice of the motion was sent to the party against whom the judgment is sought by
first class mail and certified mail, return receipt requested, at the address where the
party was served with process, and the party’s last known address, if different. The
certificate shall include the return receipt, or, if unavailable, a statement of the
measures taken to attempt service and verify receipt by the defaulted party.
Effective 12/1/16: §§(a), (b), and (c) deleted; new §§(a) and (b) added. Effective 12/2/13: §(c) amended.
CROSS-REFERENCE
See LR Cv 5.2 (Notice by Publication).
U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CIVIL PROCEEDINGS
