DEFAULT AND DEFAULT JUDGMENT

(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).

86 U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CIVIL PROCEEDINGS