If the defendant does not file an answer or response to the complaint by the date set forth on the summons, the defendant may be in default depending on the circumstances.

I.        When the defendant is in default, the plaintiff may seek to have the clerk enter the default.

A.    To request the clerk to enter the default, file the Request/Affidavit for Clerk's Entry of Default and Motion for Entry of Default Judgment as one PDF document which includes the following information:

1.     Name of defendant against whom default is sought;

2.     Date of filing of the complaint;

3.     Date of issuance of summons;

4.     Date of service of the summons and complaint and method of service;

5.     Date of filing of the certificate of service, and;

6.     A statement that no answer or other response has been filed by the defendant.

B.    If the defendant is an individual, attach the Affidavit of Non-Military Service, as required by 50 U.S.C., Appendix, Section 520.

II.       Upon electronically filing the Request/Affidavit for Clerk's Entry of Default and Motion for Entry of Default Judgment (completed in Step I above), submit the following documents via e-mail to web_ops@nmb.uscourts.gov:

A.    Proposed Default Judgment* (PDF format)

B.    Copy of the filed Request/Affidavit for Clerk's Entry of Default and Motion for Entry of Default Judgment (PDF format)

C.    Partially completed Clerk's Entry of Default (Form B 2600)

*The proposed Default Judgment should list the names and addresses of all parties and counsel entitled to receive a copy of the Default Judgment.  All defaulted parties should be included in the list.

III.     Clerk's Entry of Default

A.    The Clerk will review the filed Request/Affidavit for Clerk's Entry of Default and Motion for Entry of Default; and

B.    If appropriate, enter the Clerk's Entry of Default.  An NEF will be e-mailed to those receiving electronic notification on the case.

C.    The Clerk will forward the proposed Default Judgment to the Judge for review and signature.

IV.   Upon entry of the Default Judgment, those recipients entitled to electronic notification will receive an NEF.  Otherwise, a copy will be mailed to the address of record to the contesting parties and on other entities as the court directs.