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RULE 7055-1


  1. When a party fails to respond after being timely served with a summons and complaint, cross-complaint, or third-party complaint, the party that filed the complaint shall seek entry of a Clerk’s default and default final judgment. A party seeking entry of a Clerk’s default shall file a motion that states:
    1. Upon whom, how, and when service was made, with reference to the applicable Bankruptcy Rule;
    2. The date on which a responsive pleading was due;
    3. That no extension of time was sought or obtained by the adverse party; and
    4. That the movant seeks an entry of a Clerk’s default.
  2. The party seeking a judgment by default shall:
    1. File a verified motion or a motion with a sworn affidavit attached, requesting entry of a default final judgment and containing facts in support of the allegations set forth in the complaint, cross-complaint, or third-party complaint;
    2. File an affidavit of non-military service (where applicable); and
    3. Submit a proposed order granting the motion for entry of default final judgment; and a proposed final judgment.


Advisory Committee Notes
2023 Amendment

The amended rule includes only stylistic changes for purposes of internal consistency and/or to correct grammatical errors.

2020 Amendment

The amended rule includes only stylistic changes. The format of subdivisions is changed to maintain a consistent style across all rules. Additional changes are intended to improve readability.