You are on page 1of 6

1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

5

6

7

8
UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________

10

11 Any Plaintiff, ) Case No.
)
12 Plaintiff, )
APPLICATION FOR ENTRY OF DEFAULT
)
AGAINST DEFENDANT(S) ________________
13 vs. )
PURSUANT TO RULE 55(a) OF THE FEDERAL
)
RULES OF CIVIL PROCEDURE
14 Any Defendant, and DOES 1-5 )
)
Defendants. )
15
)
)
16
)
)
17
)
)
18

19
To subscribe to my FREE weekly legal newsletter visit
20

21 http://www.legaldocspro.net/newsletter.htm and enter your e-mail
22

23
address. Be sure to remove this notice and all other notices before
24
using this document.
25

26 To view other documents for sale by LegalDocsPro visit
27
http://www.scribd.com/LegalDocsPro
28

- 1 -
1 To the Clerk of the United States District Court for the _______ District of __________:
2 Plaintiff, ____________ hereby requests pursuant to Rule 55(a) of the Federal Rules of Civil
3
Procedure that the Clerk enter the default of the following Defendant(s) ____________________for
4
failure to plead or otherwise defend against this action in a timely manner.
5

6
Defendant __________________:

7 (1) As shown by the proof of service previously filed with this Court, the above-named

8 Defendant was served pursuant to Rule 4 of the Federal Rules of Civil Procedure on __________.
9
(2) The applicable time limit for the above-named Defendant to appear or otherwise respond
10
to this action under Rule 12 Federal Rules of Civil Procedure expired on _____________________.
11
Defendant __________________:
12

13 (1) As shown by the proof of service previously filed with this Court, the above-named

14 Defendant was served pursuant to Rule 4 of the Federal Rules of Civil Procedure on __________.
15
(2) The applicable time limit for the above-named Defendant to appear or otherwise respond
16
to this action under Rule 12 Federal Rules of Civil Procedure expired on _____________________.
17
Defendant __________________:
18

19 (1) As shown by the proof of service previously filed with this Court, the above-named

20 Defendant was served pursuant to Rule 4 of the Federal Rules of Civil Procedure on __________.
21
(2) The applicable time limit for the above-named Defendant to appear or otherwise respond
22
to this action under Rule 12 Federal Rules of Civil Procedure expired on _____________________.
23
The above-named Defendants have failed to plead or otherwise respond to the complaint.
24

25 This request is based on the attached Declaration of Plaintiff/Attorney for Plaintiff

26 _________.
27
Dated_________________________ _______________________________________
28 Any Attorney or Party

- 2 -
1
Any Attorney or Party
2 Any Street
Any Town, CA 55555
3
714-555-5555
4
Any Attorney or Party
5

6

7

8

9 UNITED STATES DISTRICT COURT
________ DISTRICT OF _____________
10

11
Any Plaintiff, ) Case No.
12 )
Plaintiff, )
DECLARATION OF ________________IN
13 )
SUPPORT OF APPLICATION FOR ENTRY OF
vs. )
DEFAULT AGAINST DEFENDANT(S)
14 )
________________ PURSUANT TO RULE 55(a)
Any Defendant, and DOES 1-5 )
OF THE FEDERAL RULES OF CIVIL
15 )
PROCEDURE
Defendants. )
16 )
)
17 )
)
18 )
)
19
DECLARATION OF PLAINTIFF _________________
20
I, ________, declare as follows:
21

22 USE THIS WORDING IF AN ATTORNEY SIGNS THE

23 DECLARATION:
24 1. I am an attorney at law duly licensed to practice before all courts in the State of
25
_______________and am admitted to practice in the United States District Court for the ________
26
District of _______________. I am the attorney of record for __________, in the above-entitled
27

28
proceedings and, as such, I have knowledge of the matters contained herein and they are true and

- 3 -
1 correct of my own personal knowledge, except for those matters stated upon information and belief
2 as to those matters, I believe them to be true and correct. If called and sworn as a witness, I could and
3
would testify competently thereto.
4
USE THIS WORDING IF THE PLAINTIFF SIGNS THIS DECLARATION
5

6
1. I am the Plaintiff in this action. I am over the age of 18 years. I have personal

7 knowledge of the facts contained in this declaration, and if called as a witness could and would testify

8 competently to the facts as stated herein.
9
2. Defendant, _____________was served pursuant to Rule 4 of the Federal Rules of
10
Civil Procedure on _____________, as shown by the proof of service filed with the court on
11
_______, a true and correct copy of which is attached hereto as Exhibit “1” and incorporated herein
12

13 by reference.

14 3. Under Rule 12 of the Federal Rules of Civil Procedure, Defendant, __________ was
15
required to plead or otherwise respond to the complaint by __________. The time to plead or
16
otherwise respond to the complaint has not been extended by any agreement of the parties or any
17
order of the Court.
18

19 4. Defendant, ______________ has failed to serve or file a pleading or otherwise

20 respond to the complaint. The applicable time limit for responding to the complaint has expired.
21
5. Defendant, __________ is not a minor or an incompetent person.
22
6. Defendant, ___________is not currently in the military service, and therefore the
23
Servicemembers Civil Relief Act is not applicable.
24

25 If you are requesting the default of more than one Defendant use
26
the wording on the next page and add additional pages for each
27

28 Defendant.
- 4 -
1 7. Defendant, _____________was served pursuant to Rule 4 of the Federal Rules of
2 Civil Procedure on _____________, as shown by the proof of service filed with the court on
3
_______, a true and correct copy of which is attached hereto as Exhibit “2” and incorporated herein
4
by reference.
5

6
8. Under Rule 12 of the Federal Rules of Civil Procedure, Defendant, __________ was

7 required to plead or otherwise respond to the complaint by __________. The time to plead or

8 otherwise respond to the complaint has not been extended by any agreement of the parties or any
9
order of the Court.
10
9. Defendant, ______________ has failed to serve or file a pleading or otherwise
11
respond to the complaint. The applicable time limit for responding to the complaint has expired.
12

13 10. Defendant, __________ is not a minor or an incompetent person.

14 11. Defendant, ___________is not currently in the military service, and therefore the
15
Servicemembers Civil Relief Act is not applicable.
16
I declare under penalty of perjury under the laws of the State of __________ and the United
17
States of America that the foregoing is true and correct and that this declaration is executed on
18

19 __________, at _____________________, California.

20 _____________________________________________
NAME OF PERSON SIGNING DECLARATION
21

22

23 Be sure to modify these paragraphs to suit your individual
24
situation. Do NOT just use the wording here unless it definitely applies
25

26 to your particular situation.
27

28

- 5 -
1 PROOF OF SERVICE
2 I am over the age of 18 and not a party to this action.
3
I am a resident of or employed in the county where the mailing occurred; my
4 business/residence address is: ADDRESS OF PERSON SERVING PAPERS.
5 On ____________________ I served the foregoing document(s) described as:
6
APPLICATION FOR ENTRY OF DEFAULT AGAINST DEFENDANT(S) ________________
PURSUANT TO RULE 55(a) OF THE FEDERAL RULES OF CIVIL PROCEDURE;
7 DECLARATION OF ______________ IN SUPPORT OF APPLICATION FOR ENTRY OF
DEFAULT AGAINST DEFENDANT(S) ________________ PURSUANT TO RULE 55(a) OF
8 THE FEDERAL RULES OF CIVIL PROCEDURE; EXHIBITS
9
NAME AND ADDRESS OF EACH DEFENDANT, OR ATTORNEY FOR EACH
10 DEFENDANT

11 [X] (By U.S. Mail) I deposited such envelope in the mail at __________ with postage
thereon fully prepaid. I am aware that on motion of the party served, service is
12
presumed invalid if postal cancellation date or postage meter date is more than one
13 day after date of deposit for mailing in affidavit.

14 I declare under penalty of perjury under the laws of the State of _______ and the United
States of America that the foregoing is true and correct.
15

16
DATED: ______________ _____________________________________________
17 SIGNATURE OF PERSON SERVING PAPERS
18

19

20

21

22

23

24

25

26

27

28

- 6 -