Official Procedure Last Change March 11, 2015
Motion for Default Judgment
How to file:
Location of event: Adversary > Motions & Briefs > Default Judgment, Motion for
Things to be aware of when filing: An Application for Entry of Default by Clerk must first be filed before a motion for default judgment can be filed.
- If a defendant has failed to timely file an answer, to appear when summoned, or otherwise fail to plead, the plaintiff may file a request for a default judgment in their favor.
- If a plaintiff wishes to seek entry of a default judgment, an Application for Entry of Default by Clerk must first be filed.
- A default judgment will not be entered until the Clerk's Entry of Default has been docketed.
- The Motion must be signed by the filing party or their attorney.
- A Certificate of Service must be included.
- A proposed default judgment must be uploaded. If the judgment relates to a request to avoid a wholly unsecured mortgage or lien, it must state both the common address and legal description of the affected property.
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 Judgment, Motion for from the event list and click Next.
5. Select appropriate radio button to indicate whether or not the Motion 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 indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.
11. 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.
12. 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.
13. Upload proposed default judgment.