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C. 21 days has passed since the default judgment was entered, but I was not personally served the summons and complaint. 2. a. Motion to Dismiss, or a Motion to Change Venue.(2020) An amendment to Rule 55(b)(4) deals with the requirement of a military affidavit which is a prerequisite to a default judgment. The Supporting Affidavit sets forth the basis for the entry of default. A Motion to Dismiss is used if there is a complaint or petition in an active case that has not been ruled on.
