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Eastern District of Texas

Honorable Rodney Gilstrap, Chief Judge
David A. O'Toole, Clerk of Court

Default Judgment

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Entry of Default Judgment
You may obtain a default judgment from the court pursuant to Fed.R.Civ.Proc. 55. You may also obtain a default judgment from the clerk of court under certain limited circumstances, a key requirement being that the amount due is a sum certain. Please reference Fed.R.Civ.Proc. 55(b)(1) to determine if your case meets the requirements for a default judgment from the clerk.

Documents Required:

From the Court: 
The party requesting the default should file a motion for default judgment and a proposed default judgment.

From the Clerk: 
The plaintiff should make a written request for the clerk to enter a default judgment, and provide the clerk with an affidavit of the amount owed by the defendant and a proposed clerk's default judgment.

NOTE: The clerk's entry of default judgment indicates only that the clerk's office has reviewed the record and made the appropriate determinations based upon the record. If the presiding judge disagrees with the clerk's assessment, determines that the facts set forth in the affidavit are not accurate, or determines that the defendant was at the time of entry of the default judgment an infant or incompetent person, or that the defendant had been in the military service of the United States during the relevant time period, the judge may vacate the clerk's entry of default judgment.