Federal Motion for Default Judgment

UNITED STATES DISTRICT COURT
[DISTRICT]
[DIVISION] DIVISION

[PLAINTIFF]'S MOTION FOR DEFAULT JUDGMENT UNDER RULE 55(b)(2)

FILING AND ROUTE GATE

Do not file this universal form until counsel has checked the current Federal
Rules, controlling circuit law, the district's local rules and forms, the
assigned judge's procedures, and all orders in the case. Confirm whether the
court requires a separate memorandum, hearing notice, damages declaration,
proposed judgment, bill of costs, attorney-fee motion, or electronic event.

Complete every item:

• ☐ The Clerk entered default under Rule 55(a) on [DATE], Dkt. [NO.].

• ☐ This request belongs under Rule 55(b)(2). It is not a clerk request for
  a sum certain under Rule 55(b)(1), or local procedure requires the court
  route. Reason: [EXPLAIN].

• ☐ The operative pleading was validly served under the selected subdivision
  of Rule 4, and proof appears at Dkt. [NO.].

• ☐ The response deadline expired on [DATE], and no extension, stay,
  bankruptcy, appearance, responsive filing, or other defense prevents relief.

• ☐ The requested relief does not differ in kind from or exceed the amount
  demanded in the operative pleading. See Rule 54(c).

• ☐ The defendant is not the United States, a United States officer, or a
  United States agency. [If it is, replace this form with a Rule 55(d)
  analysis and evidence establishing the claim or right to relief.]

• ☐ The defendant is not a minor or incompetent person. [If the defendant is
  protected, do not proceed unless Rule 55(b)(2)'s appearing-fiduciary
  requirement is satisfied and counsel has addressed all other protections.]

• ☐ Counsel has completed the appearance, notice, and service gate below.

• ☐ Counsel has completed the SCRA gate for each nonappearing defendant.

APPEARANCE, NOTICE, AND SERVICE GATE

Rule 55(b)(2) requires at least seven days' written notice before the hearing
when the party against whom default judgment is sought has appeared personally
or by a representative. Appearance and notice law can depend on controlling
precedent and the record; do not decide this issue from the docket label alone.

• ☐ Appeared: Defendant appeared personally or through a representative.
  Written notice of this application and the hearing was served on [DATE],
  at least seven days before the hearing, by [RULE 5 METHOD]. Proof:
  [DOCKET / DECLARATION].

• ☐ No appearance: Counsel concluded that Defendant is in default for
  failing to appear. Rule 5(a)(2) does not require service of this motion, but
  counsel checked any court order, local rule, judge procedure, and prudent
  notice practice. The motion [WAS / WAS NOT] served because [EXPLAIN].

• ☐ New claim check: No post-complaint pleading asserts a new claim for
  relief against Defendant. [If one does, it must be served under Rule 4;
  identify valid service and the new response deadline before proceeding.]

MOTION

Plaintiff [PLAINTIFF NAME] moves under Federal Rule of Civil Procedure
55(b)(2) for default judgment against Defendant [DEFENDANT NAME]. The Clerk
entered Defendant's default on [DATE] at Dkt. [NO.]. Plaintiff requests
the relief stated in the proposed judgment and supported below.

This motion relies on the incorporated memorandum, the declarations and
exhibits identified below, the operative pleading, the Clerk's entry of
default, the SCRA declaration, and the record.

MEMORANDUM OF LAW

I. Relevant Record

II. Governing Rules

Rule 55(a) directs the clerk to enter default when a party against whom
affirmative relief is sought has failed to plead or otherwise defend and that
failure is shown by affidavit or otherwise. Rule 55(b)(2) directs a party to
apply to the court for default judgment in cases outside Rule 55(b)(1)'s narrow
clerk route. The court may hold a hearing or make a referral when it needs to
conduct an accounting, determine damages, establish the truth of an allegation
by evidence, or investigate another matter.

Rule 54(c) limits default relief: judgment cannot differ in kind from or exceed
in amount what the pleadings demand. Rule 55 also supplies separate protections
for an appearing party, a minor or incompetent person, and the United States or
its officers and agencies. This motion addresses the applicable protections
instead of assuming that the Clerk's default alone establishes entitlement to
every requested item.

III. The Record Supports Entry of Default Judgment

A. Service, deadline, and entry of default

Defendant was served on [DATE] by [METHOD] under Rule
4[SUBDIVISION]. The supporting proof establishes [FACTS SHOWING WHY THE
SELECTED METHOD WAS VALID]. See Dkt. [NO.]; [DECLARATION / EXHIBIT].
Defendant's response was due [DATE] under [AUTHORITY AND CALCULATION].
Defendant failed to plead or otherwise defend, and the Clerk entered default
under Rule 55(a) on [DATE]. Dkt. [NO.].

B. Claim-specific entitlement

Use current controlling law for each claim. Do not state that default
automatically proves liability. Map the operative pleading and any evidence to
every required element, address jurisdiction and any discretionary factors
required in the governing circuit, and remove claims that the record does not
support.

The specific record supports judgment because [APPLY CONTROLLING LAW TO THE
PLEADED FACTS AND EVIDENCE; ADDRESS ALL REQUIRED CIRCUIT FACTORS].

C. Relief is supported and remains within Rule 54(c)

Plaintiff requests only relief of a kind demanded in the operative pleading
and no greater amount than demanded there. For each item, identify the legal
basis, admissible proof, and calculation. If the court must determine damages
or establish an allegation by evidence, request the appropriate Rule 55(b)(2)
hearing or referral and preserve any federal statutory jury-trial right.

IV. Attorney Fees and Taxable Costs Use Separate Bases

Attorney fees are not automatically taxable costs under 28 U.S.C. § 1920.
Plaintiff seeks fees only under [STATUTE / CONTRACT / OTHER BASIS] and has
confirmed whether Rule 54(d)(2), substantive law, a local rule, or a court
order requires a separate or later motion.

Requested taxable costs are limited to authorized categories and supported by
[ITEMIZED RECORD]. Any nontaxable expense is separately identified and
supported by [AUTHORITY].

V. Servicemembers Civil Relief Act

Section 3931 applies to a covered civil action in which the defendant does not
make an appearance. The attached declaration states whether Defendant is in
military service and provides the necessary supporting facts, or states that
Plaintiff cannot determine that status.

• ☐ Defendant is not in military service; supporting facts and records appear
  in [DECLARATION / EXHIBIT].

• ☐ Defendant appears to be in military service. Plaintiff is not asking the
  court to enter judgment before appointing an attorney and addressing the
  statute's stay and protection provisions.

• ☐ Military status cannot be determined. Plaintiff asks the court to decide
  whether to require a bond or another protective order under § 3931(b)(3).

VI. Requested Relief

Plaintiff requests an order:

1. entering default judgment under Rule 55(b)(2) on [IDENTIFY CLAIMS];
2. awarding [IDENTIFY EACH SUPPORTED ITEM], totaling $[AMOUNT];

3. awarding or reserving attorney fees as authorized by [BASIS] and the
   applicable procedure;

4. awarding or reserving taxable costs under Rule 54(d)(1), 28 U.S.C. § 1920,
   and applicable local procedure;

5. providing that post-judgment interest on the money judgment accrues under
   28 U.S.C. § 1961 from entry of judgment; and

6. granting only such further relief as is authorized, supported, and within
   Rule 54(c)'s limits.

Respectfully submitted,

Dated: [DATE]

_________________________________
[ATTORNEY NAME] ([BAR NO.])
[LAW FIRM]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff

SCRA STATUS DECLARATION — 50 U.S.C. § 3931

I, [DECLARANT NAME], declare:

1. I am [ROLE] and have personal knowledge of the facts stated here.

2. This declaration concerns Defendant [NAME] and is submitted under 50
   U.S.C. § 3931 before entry of default judgment.

3. Select one and state the necessary supporting facts:

• ☐ Defendant is not in military service. On [DATE], I searched
  [OFFICIAL STATUS SOURCE] using [IDENTIFIERS]. The result is
  attached as Exhibit [NO.]. Additional facts: [FACTS].

• ☐ Defendant is in military service. Supporting facts: [FACTS].

• ☐ I am unable to determine whether Defendant is in military service after
  the following inquiry: [DESCRIBE DILIGENT STEPS AND RESULTS].

4. I understand that a person who knowingly makes or uses a false affidavit or
   authorized substitute under § 3931(b) may be fined as provided in title 18,
   imprisoned for not more than one year, or both.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on [DATE] at [CITY, STATE].

_________________________________
[DECLARANT NAME]

If executed outside the United States, replace the declaration sentence with
the applicable form in 28 U.S.C. § 1746(1). Section 3931(b)(4) permits a
written statement, declaration, verification, or certificate subscribed and
certified or declared true under penalty of perjury.

CERTIFICATE OF SERVICE — USE ONLY IF REQUIRED

Rule 5(a)(2), Rule 55(b)(2), the defendant's conduct, and local procedure
determine whether and how this application must be served. Rule 5(d)(1)(B)
does not require a certificate when service occurs through the court's
electronic-filing system. Delete this section if no certificate is required;
do not falsely certify service.

I certify that on [DATE], I served [IDENTIFY PAPERS] on [PERSON AND
CAPACITY] by [AUTHORIZED METHOD] at [ADDRESS / ELECTRONIC ADDRESS].
This service [satisfies Rule 55(b)(2)'s seven-day written-notice requirement /
was made under applicable local procedure / was voluntary notice].

_________________________________
[ATTORNEY NAME]

[PROPOSED] DEFAULT JUDGMENT

UNITED STATES DISTRICT COURT
[DISTRICT]
[DIVISION] DIVISION

[PROPOSED] DEFAULT JUDGMENT

The Court considered Plaintiff's Motion for Default Judgment, the declarations
and exhibits, the SCRA status submission, the operative pleading, the Clerk's
entry of default, and the record. The Court finds that [INSERT ONLY FINDINGS
THE COURT'S PROCEDURE REQUIRES AND THE RECORD SUPPORTS].

IT IS ORDERED:

1. Plaintiff's Motion for Default Judgment is [GRANTED / GRANTED IN PART].

2. Judgment is entered for Plaintiff [NAME] and against Defendant [NAME]
   on [CLAIMS].

3. Plaintiff is awarded [CATEGORY] of $[AMOUNT] and [CATEGORY] of
   $[AMOUNT], for a damages total of $[TOTAL].

4. Attorney fees are [AWARDED IN THE SUPPORTED AMOUNT OF $___ / RESERVED FOR
   A TIMELY MOTION / NOT AWARDED].

5. Taxable costs are [AWARDED IN THE SUPPORTED AMOUNT OF $___ / RESERVED FOR
   THE CLERK'S TAXATION OR OTHER APPLICABLE PROCEDURE / NOT AWARDED].

6. Post-judgment interest accrues on the money judgment under 28 U.S.C. § 1961
   from the date judgment is entered.

7. [STATE THE DISPOSITION OF REMAINING CLAIMS AND PARTIES; DO NOT DIRECT CASE
   CLOSURE UNLESS THE JUDGMENT RESOLVES THE ENTIRE ACTION.]

SO ORDERED.

Dated: [DATE]

_________________________________
[JUDGE NAME]
United States District Judge

Official Sources

• Federal Rule of Civil Procedure 4
• Federal Rule of Civil Procedure 5
• Federal Rule of Civil Procedure 54
• Federal Rule of Civil Procedure 55
• Federal Rule of Civil Procedure 60
• 50 U.S.C. § 3931
• 28 U.S.C. § 1746
• 28 U.S.C. § 1920
• 28 U.S.C. § 1961