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Entry of Default

Motion for Entry of Default

To request a Fed. R. Civ. P. 55(a) and LAR (c)(4) entry of default in an in rem action, file a Motion for Entry of Default along with an affidavit or certificate of counsel that:

1.  Notice has been given as required by LAR (c)(3)(a)(i); and
2.  Notice has been attempted as required by LAR (c)(3)(a)(ii), where appropriate; and
3.  The time to answer by any person asserting a right of possession or any ownership interest in the property has expired; and
4.  No answer has been filed and no one has appeared to defend on behalf of the property.

The plaintiff may move for judgment under Fed. R. Civ. P. 55(b) at any time after default has been entered.

Notice Requirements

Under Local Admiralty Rule (c)(3)(a)(i),"[a] party seeking a default judgment in an action in rem must satisfy the judge that due notice of the action and arrest of the property has been given (1) by publication as required in LAR (c)(2); (2) by service of the complaint and warrant of arrest upon the Marshal and keeper, substitute custodian, master, or other person having custody of the property; and (3) by mailing such notice to every other person who has not appeared in the action and is known to the party seeking the default judgment to have an ownership interest.

The party seeking a default judgment must also attempt notice under LAR (c)(3)(a)(ii), if applicable under the rule.

Refer to LAR (c)(3) for additional information.