This form is a sample Application for Entry of Default and a Supporting Affidavit. The plaintiff places before the court an application for entry of default against the defendant. The form also contains an affidavit which supports the allegations made by the plaintiff.
Washington Application for Entry of Default - Affidavit - Motion - Entry of Default - Default judgment
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Hear this out loud PauseAt this point, you have an additional 90 days to serve the defendant notice of your lawsuit. This 90 day period is called the "tolling period." If you don't serve the defendant within 90 days, the tolling period ends and the statute of limitations clock re-starts.
Hear this out loud PauseThe best evidence rule requires the production of an original writing, except when its unavailability is satisfactorily explained, when an effort is being made to prove the terms of a writing, but it has no application to an attempt to prove the existence of a writing. McCormick, Evidence § 198 (1954).
Hear this out loud PauseRule 60(b) of the Federal Rules of Civil Procedure authorizes a court to relieve a party from a final judgment, order, or proceeding for various reasons, including ?mistake, inadvertence, surprise, or excusable neglect.? Fed.
Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.
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. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.
Hear this out loud PauseA participant meets the Rule of 60 if his or her age plus full years of service equal at least 60 and he or she either: (i) is at least age 50 with at least five full years of service; or (ii) is under age 50 with at least 20 full years of service.
If you never knew you were being sued, and motion for default judgment is filed against you, you should respond with a Motion to Vacate Judgment, also known as a Motion to Set Aside Judgment.
Request for Entry of Default (Application to Enter Default) (CIV-100) Asks the court to enter a "default" against the defendant or cross-defendant because they failed to file an Answer or other responsive document in the case. Can be used to ask for a default alone, or also a default judgment.
