How To ProcessOverviewUpdated: Wednesday, January 31, 2024Overview: A Request for Entry of Default is filed by the plaintiff after the defendant has failed to plead or otherwise defend. The clerk is permitted to enter a default only upon being presented with an affidavit or affirmation setting forth the facts. If all filing requirements are met, the clerk will enter the Clerk’s Entry of Default which is a virtual entry. After the Clerk's Entry of Default is entered the plaintiff may file a Motion for Default Judgment to request a default judgment. Forms/RulesRules/Code Sections: FRBP 7055FRBP 7012 Filing RequirementsFiling Requirements: Document in basic captioned format Certificate of Service NOTE: The document must include the following Date of issuance of summons Statement of whether the court fixed a deadline for serving an answer or motion, or whether a time limit applies Date of service of complaint Date of filing of Certificate of Service of Summons and Complaint Statement that no answer or motion has been received Statement that the defendant is not in the military service Statement that the defendant is neither a minor nor an incompetent person DocketDocket: Ensure Filing Requirements are met Select Adversary Select Other Enter adversary proceeding number (xx-xxxx) Click Next Select the party filer Click Next If the party is not listed Use Add/Create New Party Click Next If you see the message: IMPORTANT: The following attorney/party association(s) will be created in this case. De-selecting a party association will result in the filing attorney NOT receiving Notices of Electronic Filing for that party. If this is a joint filing, review the list carefully to ensure that only parties represented by the filing attorney are selected. Remove the check mark from any party not represented by the filing attorney Click Next Select Request for Entry of Default Click Next Browse to select the document that is being filed (PDF) Click Next Refer to existing event(s), if applicable Click Next If referring to an existing event Select the category to which your event relates Click Next Select the appropriate event(s) to which your event relates Click Next Modify the docket text by using the drop-down and free text boxes to enter additional information, if necessary Click Next Verify docket text Click Next ‹ Open an Adversary Proceeding up Request for Issuance of Alias Summons ›
