Oklahoma Clerk's Entry of Default is a document filed by the clerk of the court when a defendant in a civil lawsuit fails to respond to a complaint or other pleading within the prescribed time limit. This document is used to record the default of the defendant in the court record and to provide notice to the defendant of the default. There are two types of Oklahoma Clerk's Entry of Default: a general entry of default, which is filed when the defendant does not file a response to the complaint or other pleading, and a specific entry of default, which is filed when the defendant fails to respond to an order or judgment issued by the court.
Oklahoma Clerk's Entry of Default
State:
Oklahoma
Control #:
OK-SKU-0154
Format:
PDF
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Clerk's Entry of Default
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FAQ
An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party.
If a defendant either makes or files an appearance, but fails to file an answer, then the plaintiff must follow Rule 10,9 and: File a motion for default; and. Set the motion for hearing; and. Give at least a five-day notice of such motion and hearing.
A default judgment can be entered by a clerk or by a judge. In simple civil cases and where the defendant is neither a minor nor an incompetent person, the clerk, with an affidavit showing the amount due, can enter the judgment for that amount.
A motion for default judgment is an official court document filed by a creditor or debt collector (known as the plaintiff to the case), notifying the court that the person being sued (known as the defendant) never responded to the case Summons and Complaint.
Any default or judgment by default shall be set aside upon motion of the defendant in the manner prescribed in Section 1031.1 of this title, or upon petition of the defendant in the manner prescribed in Section 1033 of this title if the defendant demonstrates to the court that the return receipt was signed or delivery
Motions for Summary Judgment Per Local Rule 7056-1: Motions for Summary Judgment do require a Brief in support. After the Motion is filed, the Court will set a 14 day deadline for the filing of a Response Brief. Once a Response is filed, the Court will set a 14 day deadline for the filing of a Reply.