Certificate of Default

U.S. District Court for the Eastern District of New York

Rule Set: Local Civil Rules of the United States District Court for the Eastern District of New York

Rule: 55.1

Jurisdiction: EDNY

Bluebook Citation: E.D.N.Y. L. Civ. R. 55.1

All Rules: E.D.N.Y. Local Civil Rules, complete index

Text

(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.