(a) Entry of Default
Upon motion by a party noted in accordance with LCR 7(d)(1) and supported by affidavit or
otherwise, the clerk shall enter the default of any party against whom a judgment for affirmative
relief is sought but who has failed to plead or otherwise defend. The affidavit shall specifically
show that the defaulting party was served in a manner authorized by Fed. R. Civ. P. 4. A motion
for entry of default need not be served on the defaulting party. However, in the case of a
defaulting party who has entered an appearance, the moving party must give the defaulting party
written notice of the requesting party’s intention to move for the entry of default at least fourteen
days prior to filing its motion and must provide evidence that such notice has been given in the
motion for entry of default.
(b) Judgment on Default
(1) No Default Judgment Absent a Default. No motion for judgment by default should be
filed against any party unless the court has previously granted a motion for default against
that party pursuant to LCR 55(a) or unless default otherwise has been entered.
(2) Supporting Evidence Required. Plaintiff must support a motion for default judgment
with a declaration and other evidence establishing plaintiff’s entitlement to a sum certain
and to any nonmonetary relief sought.
(A) Plaintiff shall provide a concise explanation of how all amounts were calculated, and
shall support this explanation with evidence establishing the entitlement to and amount of
the principal claim, and, if applicable, any liquidated damages, interest, attorney’s fees, or
other amounts sought. If the claim is based on a contract, plaintiff shall provide the court
with a copy of the contract and cite the relevant provisions.
(B) If plaintiff is seeking interest and claims that an interest rate other than that provided
by 28 U.S.C. § 1961 applies, plaintiff shall state the rate and the reasons for applying it.
For prejudgment interest, plaintiff shall state the date on which prejudgment interest
began to accrue and the basis for selecting that date.
(C) If plaintiff seeks attorney’s fees, plaintiff must state the basis for an award of fees and
include a declaration from plaintiff’s counsel establishing the reasonable amount of fees
to be awarded, including, if applicable, counsel’s hourly rate, the number of hours
worked, and the tasks performed.
(3) By the Clerk. The clerk may not enter judgment by default in the case of a defaulting
party who has entered an appearance, or who is an infant or incompetent, or who is or may
be in the military service. In addition, a claim for “reasonable attorney’s fees” is not for a
sum certain under Fed. R. Civ. P. 55(b)(1) unless the complaint states the amount of fees
sought. Motions to have the clerk enter a default judgment shall be noted in accordance
with LCR 7(d)(1). A motion for entry of default judgment by the clerk need not be served
Civil Rules
on the defaulting party.
(4) By the Court. In all other cases, including instances where a defaulting party has
entered an appearance, is an infant or incompetent, or is or may be in the military service,
a motion for entry of a judgment by default must be addressed to the court. If there has
been no appearance in the action by the defaulting party, the motion shall be noted in
accordance with LCR 7(d)(1), but it need not be served on the defaulting party and notice
of the motion need not be given to the defaulting party. If the defaulting party has
appeared, the motion shall be noted in accordance with LCR 7(d)(3), and service of all
papers filed in support of the motion must be made at the defaulting party’s address of
record and shall also be served by electronic means if available. In the absence of an
address of record, service shall be made at the defaulting party’s last known address and
shall also be served by electronic means if available.
Civil Rules
