District court — civil · Motions
Request for Entry of Default / Motion for Default Judgment (Rule 55)
Obtains a default and then judgment against a party that failed to plead or defend.
Filed by: Any party
Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.
What it must include
- Caption: court name, title of the action, file number and document designation (FRCP 10(a))
- Request to the clerk for entry of default with affidavit showing failure to plead or defend (FRCP 55(a))
- Motion for default judgment with proof of damages (FRCP 55(b))
- Servicemembers Civil Relief Act affidavit (50 U.S.C. § 3931)
- Proposed judgment
- Signature of attorney of record with address, email and phone (FRCP 11(a))
- Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))
Governing rules
- FRCP 55(a)–(b)
- 50 U.S.C. § 3931 (Servicemembers Civil Relief Act affidavit)
Check the local rules for
- Font, spacing, margin and page-limit rules
- Hearing / notice-of-motion procedure and briefing schedule
- Meet-and-confer certification before filing
- Assigned judge’s individual practices or standing orders
Applies in federal district courts. Find your court for its local requirements.
Other motions
Draft this filing in DraftAria.
Court-formatted template with this checklist built in, and brackets where your matter details go.