DEFAULT JUDGMENT FOR A SUM CERTAIN

DEFAULT JUDGMENT FOR A SUM CERTAIN (a) Required Showing. To obtain a default judgment under Fed. R. Civ. P. 55(b)(1), a party shall show by motion supported by affidavit: (1) that the defendant who has been defaulted: (A) is not a minor or an incompetent person; 18 (B) is not in the military service, as set forth in the Servicemembers Civil Relief Act, 50 U.S.C. § 3931, Protection of Servicemembers Against Default Judgments; (C) has not made an appearance; and (2) the sum certain or the sum that can be made certain by computation. (b) Form of Judgment. The moving party shall submit a proposed form of judgment that recites: (1) the party or parties in favor of whom judgment shall be entered; (2) the party or parties against whom judgment shall be entered; (3) (4) (5) when there are multiple parties against whom judgment shall be entered, whether the judgment shall be entered jointly, severally, or jointly and severally; the sum certain consisting of the principal amount, prejudgment interest, and the rate of post judgment interest; and the sum certain of attorney fees enumerated in the document on which the judgment is based.