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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