Filing Proof of Service of Process; Deadline for Default

U.S. District Court for the Middle District of Florida

Rule Set: Local Rules of the United States District Court for the Middle District of Florida

Rule: 1.10

Jurisdiction: MDFL

Bluebook Citation: M.D. Fla. L.R. 1.10

All Rules: M.D. Fla. Local Rules, complete index


Text

(a) PROOF OF SERVICE OR WAIVER. Within twenty-one days after service of a summons and complaint or receipt of a waiver, a party must file proof of service or the waiver. (b) APPLICATION FOR A DEFAULT. Within twenty-eight days after a party’s failure to plead or otherwise defend, a party entitled to a default must apply for the default.

(c) APPLICATION FOR A DEFAULT JUDGMENT. Within thirty-five days after entry of a default, the party entitled to a default judgment must apply for the default judgment or must file a paper identifying each unresolved issue — such as the liability of another defendant — necessary to entry of the default judgment. 9 M I D D L E D I S T R I C T O F F L O R I D A L O C A L R U L E S (d) FAILURE TO ACT TIMELY. Failure to comply with a deadline in this rule can result in dismissal of the claim or action without notice and without prejudice.

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