Motion for Default Judgment

 United States District Court
 Central District of California

Notice Required If Unliquidated Damages Sought

If the amount of damages sought in the default judgment is unliquidated, the party seeking the judgment based more...   

Overview-Entry of Default/Default Judgment

To obtain a judgment based on an opposing party's default, a party must first obtain entry of default more...

Entry of Default

The Federal Rules of Civil Procedure do not place any timing limitations or restrictions on obtaining entry of more...

Default Judgment

The Federal Rules of Civil Procedure do not place any timing limitations or restrictions on obtaining a judgment more...

3 Days' Notice To Party That Has Appeared

If the party against whom a default judgment is sought has appeared in the action, that party must more...

6 Days' Notice If Served By Mail

If notice to a party who has appeared is served by mail, the time is increased to 6 more...

Entry of Default

When a party against whom relief is sought "fails to plead or otherwise defend" and the failure is more...

Judgment Based On Default

Judgment by default may be entered by the clerk if certain requirements are met; otherwise, it must be more...

Default Judgment Entered by Clerk

If the plaintiffs claim is for a sum certain or a sum that can be made certain by more...

Default Judgment Entered by Court

If the matter does not qualify for entry of default by the clerk, the party must apply to more...

(A) conduct an accounting; more...

(B) determine the amount of damages; more...

(C) establish the truth of any allegation by evidence; or more...

(D) investigate any other matter. more...

Limited By Demand for Judgment

A default judgment must not differ in kind from, or exceed in amount, what is demanded in the more...

Judgment Against United States

A party seeking judgment against the United States or an agency or officer of the United States must more...

Unliquidated Damages/Notice Required to Defaulting Party

If the amount claimed in judgment by default is unliquidated, the party applying for default judgment must provide more...

Recovery of Attorneys' Fees

If a contract or applicable statute provides for the recovery of attorneys' fees on a default judgment, those more...

Setting Aside Default

For good cause shown, the court may set aside an entry of default. The court may also set aside a default judgment in accordance with Federal Rule of Civil Procedure 60(b). more...

Application for Entry of Default

The party seeking entry of default must present the clerk with a declaration showing the facts of the more...

In some jurisdictions there are additional requirements established by case law. more...

Application for Default Judgment

Made to Clerk or Court

A request for default judgment is made to the clerk or the court, depending on the circumstances (the more...

Required Elements

The Central District requires that the following information be included in the declaration supporting an application for default judgment: more...

1. When and against what party default was entered; more...

2. The identification of the pleading to which default was entered; more...

3. Whether the defaulting party is an infant or incompetent person and, if so, whether that person is represented more...

4. That the Soldiers' and Sailors' Civil Relief Act does not apply; and more...

5. That notice has been served on the defaulting party if required by Federal Rule of Civil Procedure 55(b)(2). more...

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Notice

In the Central District, if the amount of damages claimed is unliquidated, the declaration must show notice to more...

Request For Attorneys' Fees

A request for attorneys' fees is authorized by Central District Local Rule 55-3. more...

Signature Required

Every pleading, written motion, and other paper must be signed by at least one attorney of record in more...

Local Rule Re Signature

All documents, except declarations, shall be signed by the attorney for the party or the party appearing more...

Electronic Signature

Detailed requirements regarding electronic signatures can be found at Central District General Order 10-07 (VIII) . more...

Additional Requirements

Central District of California SmartRules Guide: GENERAL RULES AND FORMATTING REQUIREMENTS. more...

Supporting and Opposing Affidavits Under the FRCP

Any affidavit supporting a motion must be served with the motion. Except as Rule 59(c) provides otherwise, any more...

Central District of California SmartRules procedural guide: DECLARATIONS. more...

Written

Declarations or other written evidence must support factual contentions in memoranda of points and authorities. The Court may require or allow oral examination of any declarant or witness. more...

Deposition Testimony

The relevant portion of any deposition transcript must be authenticated, attached as an exhibit, and bracketed in the more...

Proposed Order

Central District of California SmartRules procedural guide:PROPOSED ORDER. more...

Electronic Filing Required in Most Cases

For updated information regarding electronic (and traditional) filing requirements, Central District of California SmartRules procedural guide: FILING DOCUMENTS. more...

Traditionally, an application for entry of default or for default judgment must be presented to the clerk of more...

Service

If notice of the application for judgment based on default is required pursuant to Federal Rule of Civil more...

Attached Proof of Service Must Be At End of Document

If the proof of service is attached to the original document, it must be attached as the last more...

Hearing Discretionary

The court may "conduct such hearings or order such references as it deems necessary" to determine the amount more...

Jury Trial

If any United States statute requires a jury trial, the court must provide a jury trial in response more...

Disposition Without Appearance

The court may make provision by rule or order for the submission and determination of motions without oral more...

Appearance

Counsel for both parties must be present at the hearing and familiar with the case. Failure to appear may be deemed consent to an adverse ruling. more...

Preparation of Order

The attorney directed to do so by the Court shall prepare each order. When the Court orders a more...

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