Application for Entry of Default by Clerk

General Information

• If a plaintiff wishes to seek entry of a default judgment, an Application for Entry of Default by Clerk must first be filed.

• Once the clerk has entered the Entry of Default, an Application for Entry of Default Judgment can be filed for consideration by the judge.

Filing Requirements

• The Application must be signed by the filing party or their attorney.

• A Certificate of Service must be included.

• An Affidavit must accompany the Application (or be included in it). If not included at the time of filing of the Application, the affidavit may be filed separately using the Affidavit event (which can be found at Adversary > Motions & Briefs).  The Affidavit must state that the defendant:

• has failed to plead or otherwise defend;

• is not protected by the Servicemembers Civil Relief Act of 2003; and

• is not a minor or incompetent person.

Step-by-Step Procedures

1. Log into CM/ECF

2. Select Adversary > Motions & Briefs

3. Enter the case number (in the format xx-xxxxx) and click Next

4. Select Default by Clerk, Application for Entry of from the event list and click Next

5. Select appropriate radio button to indicate whether or not the Application you are filing is amended.

6. Check box if jointly filing with another attorney, click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next

NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer.  If the party is not listed, click on Add/Create New Party. Click Next

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to select the Application (pdf file).  Click Next

10. If you attached the Affidavit in step 9 (or if it is included in the Application), select the  Affidavit is attached to this event radio button. If you are planning to file the affidavit later, select the Affidavit will be filed as a separate event radio button. Click Next

11. If you indicated that you are filing an amended application, all pending motions and applications on the docket are displayed. Select the application that is being amended and click Next

12. Select prefix text, if applicable, and click Next

Note: The prefix text option is not available if you indicated in Step 5 that the Application you are filing is amended.

13. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Curing a Deficient Filing

If the Application was deficient: A corrected application must be filed prior to the deficiency deadline using the above instructions or the original filing may be stricken by the court.

If the Affidavit was missing or deficient, the correction may be filed using the Affidavit event, without the need to re-file the entire Application.

If the Certificate of Service was missing or deficient, the correction may be filed using the Certificate of Service (including Statement in Lieu for Address Changes) event, without the need to re-file the entire Application.