1. Step One: Entry of Clerk's Default
2. Step Two: Default Judgment under either Fed. R. Civ. P.55(b)(1) or 55(b)(2)
   
   1. Instructions for 55(b)(1) Motion (Sum Certain)
   2. Instructions for 55(b)(2) Motion
3. List of All Forms

Obtaining a default judgment under Federal Rule of Civil Procedure 55 is a two-step process:

(1)   A party must first file an application for clerk’s entry of default.

(2)   After obtaining clerk’s entry of default, a party must then file a motion for default judgment under either Fed. R. Civ. P. 55(b)(1) or 55(b)(2).

Step One: File an Application Entry of Clerk’s Default  

A party applying to the Clerk for entry of default pursuant to Fed. R. Civ. P. 55(a) must submit (1) an application for entry of clerk’s default and (2) an affidavit or unsworn declaration verifying that service was made on the defaulting party in a manner authorized by the Federal Rules of Civil Procedure and that the party has failed to file an answer or otherwise defend the case.  The party may use the Court’s Rule 55(a) Application for Entry of Clerk’s Default and Declaration in Support of  Rule 55(a) Application for Entry of Default forms.

Parties with CM/ECF access must submit the application and declaration in ECF using the “Default (Rule 55(a) Application for Entry of Clerk’s Default)” event.  Attach the declaration or affidavit to the application, and make sure to serve any parties who do not receive electronic service by other means.  A separate application for entry of clerk’s default should be submitted for every defaulting party.

Parties without CM/ECF access must submit the application and declaration to the Clerk in person or by mail.

After submitting the  application for entry of clerk’s default and the supporting declaration or affidavit, the requesting party must submit the proposed entry of default to the appropriate Clerk’s Office e-mail inbox (listed below).  The requesting party should use the Court’s Entry of Default form.

  
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Step Two: File a Motion for Default Judgment  

After the Clerk enters default pursuant to Fed. R. Civ. P. 55(a), a party may move for the Clerk to enter default judgment under Fed. R. Civ. P. 55(b)(1) if the party seeks a sum certain amount or Fed. R. Civ. P. (55)(b)(2) if the party does not seek a sum certain amount.  The Clerk may enter default judgment for a sum certain amount only if the claimed amount is capable of straightforward computation and is supported by documentary evidence.  In all other instances, the motion should be filed pursuant to Fed. R. Civ. P. (55)(b)(2).

For motions under Fed. R. Civ. P. 55(b)(1) (Sum Certain):  

The Clerk may only enter default judgment for a sum certain if the claimed amount is capable of straightforward computation and is supported by documentary evidence.

 To request the Clerk to enter default judgment pursuant to Fed. R. Civ. P. 55(b)(1), the requesting party must submit:

(1) A Rule 55(b)(1) motion for default judgment that includes a citation to the Clerk’s entry of default, a statement of the amount due, and an explanation of how the amount due was calculated; and 
(2) An affidavit or unsworn declaration in support of the motion that sets forth the amount due and owing, documentary evidence supporting the claimed amount due, and that the defaulting party, if an individual, is not a minor or incompetent person and is not in active military service.  

NOTE:  If the individual is a minor or incompetent person or is in active military service, the motion for default judgment must be made under Fed. R. Civ. P. 55(b)(2).

The requesting party may use the Court’s Rule 55(b)(1) Motion for Default Judgment- Sum Certain and Declaration in Support of Rule 55(b)(1) Motion for Default Judgment - Sum Certain forms.

Parties with CM/ECF access must submit the application and declaration in ECF using the “Default (Rule 55(b)(1) Motion for Default Judgment - Sum Certain)” event.  Attach the declaration as an attachment to the motion, and make sure to serve any parties who do not receive electronic service by other means.

Parties without CM/ECF access must submit the application and declaration to the Clerk in person or by mail.

After submitting the Motion for Rule 55(b)(1) Default Judgment and Declaration in Support, the requesting party must submit the proposed Entry of Rule 55(b)(1) Default Judgment to the appropriate Clerk’s Office e-mail inbox (listed below).  The requesting party may use the Court’s Rule 55(b)(1) Entry of Default Judgment- Sum Certain form.

If the motion requests relief that is not a sum certain, the motion will be denied with leave to refile as a motion pursuant to Fed. R. Civ. P. 55(b)(2).

For motions under Fed. R. Civ. P. 55(b)(2):  
To request the Court enter default judgment pursuant to Fed. R. Civ. P. 55(b)(1), the requesting party must submit:

(1)     A Rule 55(b)(2) motion for default judgment that includes a citation to the Clerk’s entry of default and a statement of the relief requested.
(2)    An affidavit or unsworn declaration in support of the motion that sets forth:

(a)     Whether the defaulting party is a minor or incompetent person, and if so, whether the defaulting party is represented by a general guardian, conservator, or other fiduciary who has appeared; 
(b)     Whether the defaulting party, if an individual, is in active military service, as required by 50 U.S.C. § 3931(b); 
(c)     Whether the defaulting party has appeared personally or by a representative, and if so, whether the party has been served with notice of the motion and the date of such notice; and 
(d)     Any documentary evidence supporting the relief requested.  

The requesting party may use the Court’s Rule 55(b)(2) Motion for Default Judgment and Declaration in Support of Rule 55(b)(2) Motion for Default Judgment forms.

Parties with CM/ECF access must submit the application and declaration in ECF using the “Default (Rule 55(b)(2) Motion for Default Judgment)” event.  Attach the declaration as an attachment to the motion, and make sure to serve any parties who do not receive electronic service by other means.  

Parties without CM/ECF access must submit the application and declaration to the Clerk in person or by mail.

The requesting party does not need to submit a proposed order for a Motion for Rule 55(b)(2) Default Judgment.  The Court will review the motion and direct the parties on how to proceed.

List of All Forms  

Rule 55(a) Application for Entry of Clerk’s Default 
Declaration in Support of  Rule 55(a) Application for Entry of Default 
Entry of Default

Rule 55(b)(1) Motion for Default Judgment- Sum Certain 
Declaration in Support of Rule 55(b)(1) Motion for Default Judgment- Sum Certain
Rule 55(b)(1) Entry of Default Judgment- Sum Certain 

Rule 55(b)(2) Motion for Default Judgment 
Declaration in Support of Rule 55(b)(2) Motion for Default Judgment