 Any defendant who fails to timely file a response to a Complaint is considered to be a “Defendant in Default”  Defendant in Default can still file a response in the action until the Court clerk has entered the default  Plaintiff may file a Motion to Strike a late response

 A written request made by the Plaintiff, within 10 days after the expiration of the time for Defendant to file a responsive pleading, seeking entry of default

 Request for Entry of Default official form  Complaint and summons properly served  Time for response passed  No response filed  Declaration telling Court Plaintiff sent Defendant copy of Request  Other procedures depending on case type

 Entry of Default vs. Default Judgment  Two types: Clerk’s Entry of Judgment and Court’s Entry of Judgment

 Simple matters not requiring judicial analysis  Examples: collection cases, actions arising out of contracts with fixed and determinable amounts of money

 All other matters

 Request for Entry of Judgment Default Form  Proof of prima facie case  Case Summary  Interest computations  Memorandum of Costs  Proposed Form Judgment  Dismissal of all Does  Affidavit of Non-Military Service

 Motion to Lift Default  Grounds for relief: “mistake, inadvertence, surprise, or excusable neglect” ◦ Fault of attorney ◦ Fault of party