- 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:
- Upon whom, how, and when service was made, with reference to the applicable Bankruptcy Rule;
- The date on which a responsive pleading was due;
- That no extension of time was sought or obtained by the adverse party; and
- That the movant seeks an entry of a Clerk’s default.
- The party seeking a judgment by default shall:
- 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;
- File an affidavit of non-military service (where applicable); and
- Submit a proposed order granting the motion for entry of default final judgment; and a proposed final judgment.
Advisory Committee Notes
The amended rule includes only stylistic changes for purposes of internal consistency and/or to correct grammatical errors.
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.