Sample PDF form
A Clerk’s Certificate of Default is required before seeking a default judgment.
(a) Electronically file a PROPOSED CLERK’S CERTIFICATE OF DEFAULT
(1) The date the action was commenced.
(2) The name of the defendant that was served.
(3) Who was served with the complaint.
(4) The date the proof of service was filed.
(5) Include the document # for the proof of service filed on the docket.
Note: If an Amended Complaint was filed and served on this defendant you must prepare a new form using our sample and include the original information for the filing of the complaint/service and filing of the amended complaint/service in your form. Repeat the information listed above for both filings on the same form. If the Amended Complaint was served prior to the service of the original complaint, state that information in the form and the affidavit or declaration.
(b) Electronically file an AFFIDAVIT or DECLARATION in support of the Clerk's Certificate of Default separately. The Request for a Clerk's Certificate of Default should be attached to your affidavit or declaration.
(1) the party against whom a notation of default is sought is not an infant, in the military, or an incompetent person;
(2) the party has failed to plead or otherwise defend the action; and
(3) the pleading to which no response has been made was properly served.
The Clerk’s Office will review the request and, where appropriate, electronically file a signed Clerk’s Certificate of Default on the ECF system. After the Clerk’s Certificate of Default is entered on the docket, you may then seek a Default Judgment. For a Default Judgment pursuant to Rule 55 (b)(1), please see rule 16.4. For a Default Judgment pursuant to Rule 55 (b)(2), consult the Individual Practices of the assigned judge to determine the appropriate method (at https://www.nysd.uscourts.gov/judges). If the judge’s Individual Practices contain no specific rules regarding Default Judgments, follow ECF Rules & Instruction 16.4 https://nysd.uscourts.gov/rules/ecf-related-instructions