Motion for Default Judgment

 United States District Court
 Central District of California

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 against the opposing party. See FRCP 55.

Entry of Default

The Federal Rules of Civil Procedure do not place any timing limitations or restrictions on obtaining entry of default against a party.

Default Judgment

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

3 Days' Notice To Party That Has Appeared

RULE AMENDED EFFECTIVE DECEMBER 1, 2009

If the party against whom a default judgment is sought has appeared in the action, that party must be served with notice of the application for judgment based on default at least 3 7 days prior to the hearing on the application. FRCP 55(b)(2)(amended eff 12/1/09).

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 days. FRCP 6(d).

Notice Required If Unliquidated Damages Sought

If the amount of damages sought in the default judgment is unliquidated, the party seeking the judgment based on default must provide the defaulting party with notice of the amount of damages sought. Central Dist. LR 55-2.

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 more...

Default Judgment Entered by Clerk

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

Default Judgment Entered by Court

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

Recovery of Attorneys' Fees

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

Setting Aside Default

For good cause shown, the court may set aside an entry of default. The court may also set aside a de more...

Application for Entry of Default

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

Required Elements

The Central District requires that the following information be included in the declaration supporti 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 i 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 Procedur more...

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Notice

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

Request For Attorneys' Fees

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

Signature

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

Signature on Electronic Documents

An electronically filed document shall be deemed to be signed by the person (the Signatory) when the more...

CM/ECF Users

In the case of a Signatory who is a CM/ECF User, such document shall be deemed signed, regardless of more...

Documents Requiring Multiple CM/ECF User Signatures

In the case of documents requiring multiple signatures, such as stipulations, the CM/ECF User shall more...

Documents Requiring Signatures Other Than CM/ECF Users

In the case of documents requiring signatures other than the attorneys of record, the CM/ECF User sh 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 othe 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 a more...

Deposition Testimony

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

Proposed Order

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

Electronic Filing Required in Most Cases

Except as specifically provided for in General Order 08-02, all civil and criminal cases are subject more...

In all cases subject to electronic filing, all documents required to be filed with the Clerk must be more...

Filing Documents Electronically

For updated information regarding electronic (and traditional) filing requirements, Central Distric more...

Courtesy Paper Copies

Mandatory chambers paper copies of all electronically filed documents must be delivered to the chamb more...

Service of Pleadings and Documents Filed Electronically

Upon the electronic filing of a document, a Notice of Electronic Filing (NEF) is automatically gener more...

Orders or other documents electronically filed by the Court will be served on attorneys only by the more...

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Traditionally, an application for entry of default or for default judgment mus more...

Service

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

Hearing Discretionary

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

Appearance

Counsel for both parties must be present at the hearing and familiar with the case. Failure to appea more...

Preparation of Order

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

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