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Adversary Proceedings: DEFAULT: Request for Clerk to Enter Default

7055-1(a):  Adversary Proceedings: DEFAULT: Request for Clerk to Enter Default

LBR 7055-1(a) provides the procedure to follow in an adversary proceeding when a defendant has not filed an answer to a complaint and the plaintiff wishes to request entry of default against that defendant.

  • A request must be filed along with a supporting declaration -- the court provides a mandatory form request.  See link below.
  • A hearing is not required, but the plaintiff must file a Notice of Motion Without a Hearing under LBR 9013-1(p)See link below.
  • The clerk reviews the request and files either a Notice that the Clerk has Entered Default, or, if there is a mistake in the request, the clerk files a Notice that the Clerk Has Not Entered Default.
Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
7055-1(a)