You are here

Application for Entry of Default by Clerk

Official Procedure Last Change June 6, 2016

Application for Entry of Default by Clerk

How to file:

Location of event: Adversary > Motions & Briefs > Default by Clerk, Application for Entry of

Things to be aware of when filingAn Affidavit must accompany the Application (or be included in it). The Affidavit must include Penalty of Perjury language.

 

  • FRBP 7055(b)(1), 9024
  • S. D. Ind B-7055-1

 

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, a Motion for 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.
  • Judge Lorch cases only: If the adversary proceeding has multiple defendants, separate applications must be filed for each defendant.
  • It is not necessary to upload a proposed order.
  • 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.
  • The Affidavit must contain Penalty of Perjury language. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (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 in step 5 that you are filing an amended application, select the application that is being amended. 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 final docket text. If correct, click Next to submit.

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.