Default Judgment

(a) REQUIRED DOCUMENTS. After the clerk has entered a party’s default under Federal Rule of Civil Procedure 55(a), the party seeking a default judgment must file and serve the following documents on the defaulting party: (1) a request for a default judgment; (2) an affidavit of default stating that no defense or other response of any kind has been received or, if one has been received, detailing the defense or other response received; (3) an affidavit of identification of the defaulting party including the defaulting party's address and military, infancy, or competency status; (4) an affidavit on the merits and the amount due including costs and disbursements by a person with personal knowledge; and (5) proposed findings of fact, conclusions of law, and an order for judgment. (b) RETURNED MAIL. If either the summons and complaint or the request for default judgment were served by mail and returned by the post office, the party seeking a default judgment must disclose that to the court by filing an affidavit.

(c) HEARING. The court may, in its discretion, hold a hearing before entering a default judgment. [Effective April 15, 1997. Amended effective January 1, 2002; October 1, 2019; September 4, 2024.] 2024 Advisory Committee Notes Local Rule 7055-1 was amended to remove language that was duplicative of Fed. R. Civ. P. 55(a), as incorporated by Fed. R. Bankr. P. 7055. The other amendments are stylistic only; no substantive changes were intended.

43 Rule 7056-1. Summary Judgment Motions (a) MOVING DOCUMENTS. Notwithstanding Local Rule 9006-1(a), and unless the court orders otherwise, moving documents for summary judgment in an adversary proceeding or contested matter must be filed, served, and noticed, as applicable, not later than 28 days before the hearing date. (b) RESPONSIVE DOCUMENTS.

Any responsive documents must be filed and served not later than 14 days before the hearing date. (c) REPLY DOCUMENTS. Any reply documents must be filed and served not later than seven days before the hearing date. [Effective May 1, 2018. Amended effective October 1, 2019; September 4, 2024.] 2024 Advisory Committee Notes Local Rule 7056-1 was amended to incorporate some of the changes made to amended Local Rules 9006-1(a) and 9013-2 and to remove any language that was duplicative of those rules.

Those rules apply to adversary proceedings through Local Rule 7007-1. The other amendments are stylistic only; no substantive changes were intended.