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Default Judgment Instructions and Forms

Default Judgment Forms

 

Default Judgment Instructions

Obtaining a Default Judgment under Federal Rule of Civil Procedure 55 is a two-step process.
 
    STEP ONE: FILE A REQUEST FOR ENTRY OF DEFAULT BY THE CLERK PURSUANT TO RULE 55(a).
 
Pro se parties must file the request for entry of default and affidavit in support with the Clerk in person or by mail.  Attorneys with ECF filing privileges must submit the request and affidavit via ECF:
  •     Choose Civil
  •     Under Other Filings, Choose Other Documents and select Application for Clerks Default
  •     Enter/verify the case number
  •     Attach the pdf of the Application for Clerks Default. The Affidavit in Support of Application for Entry of Default should be submitted as an attachment
  •     Select the party that the entry of default is against
  •     Note: An application should be submitted for each individual party
  •     Select the filer(s)
  •     Review the text and proceed, if correct. Otherwise, use the Back button to modify.
  •     Note: The text includes instructions directing attorneys to submit the proposed entry of default to the appropriate clerk's office email inbox.
  •     Verify attorneys/parties that will receive the NEF. Make sure to serve any parties not registered (no-email address) by other means, outside of ECF

After filing the request and affidavit, the party must also mail the proposed entry of default to the appropriate clerk's office email inbox (see bottom of the page).

If no response is filed, the Clerk will file an Entry of Default. If an answer/response is filed, the application will be referred to the presiding Judge. After the default has been entered, proceed to Step Two.
 
    STEP TWO: FILE A MOTION FOR DEFAULT JUDGMENT PURSUANT TO RULE 55(b)
 
Pro se parties must file the motion for default judgment and affidavit in support of motion for default judgment with the Clerk in person or by mail.  Attorneys with ECF filing privileges must submit the motion and affidavit via ECF:
  •     Choose Civil
  •     Under Motions and Related Filings, Choose Motions, Select Default Judgment
  •     Enter/verify the case number
  •     Select the filer(s)
  •     Note: Warning not to use this event for the Application for Clerks Default.
  •     Attach the pdf of the Motion for Default Judgment. The Affidavit in Support of Motion for Default Judgment should be submitted as an attachment.
  •     Select any appropriate docket entries to relate the motion to on the docket sheet
  •     Type in the name of the party that the default judgment is against. Review the text and proceed, if correct. Otherwise, use the Back button to modify.
  •     Verify attorneys/parties that will receive the NEF. Make sure to serve any parties not registered (no-email address) by other means, outside of ECF

After filing the motion and affidavit, the party must also mail the proposed default judgment to the appropriate clerk's office email inbox:

    Chattanooga chatclerk@tned.uscourts.gov
    Greeneville grvlclerk@tned.uscourts.gov
    Knoxville  knoxclerk@tned.uscourts.gov
    Winchester chatclerk@tned.uscourts.gov