Local Civil Rule 55.1 (S.D.N.Y. and E.D.N.Y.) — Certificate of Default
A published court requirement that applies in New York. Category: Local Rules. Effective January 2, 2026. Verified against the official source (E.D.N.Y. — Local Rules & Division of Business (U.S. District Court, Eastern District of New York)) on November 3, 2026.
Summary
Local Civil Rule 55.1 (S.D.N.Y. and E.D.N.Y.) — Certificate of Default: the court's own rule, verbatim from Local Rules of the United States District Courts for the Southern and Eastern Districts of New York (Effective January 2, 2026), official PDF, sha-custodied. Court-level requirement: applies in every civil, criminal, admiralty, patent and Social Security case before the U.S. District Court for the Eastern District of New York as its series states, alongside the federal rules and any judge-specific procedures; adopted jointly with the Southern District of New York and carded here as the Eastern District applies them.
Requirement
(a) A party seeking entry of default under Fed. R. Civ. P. 55(a) must file: (1) a “Request to Enter Default,” in a form prescribed by the clerk; (2) an affidavit or declaration showing: (a) that the requirements of Fed. R. Civ. P. 4 for service or waiver of service have been satisfied; and (b) that the party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend; (3) a proposed “Clerk’s Certificate of Default,” in a form prescribed by the clerk; and (4) a certificate of service showing that the foregoing documents have been personally served on, or mailed to the last known residence (for an individual defendant) or business address (for other defendants) of, the party against whom default is sought. If the mailing is returned, a supplemental certificate must be filed setting forth that fact, together with the reason provided for return, if any. (b) The court, on its own initiative, may enter default or direct the clerk to enter default.
Source of truth
(a) A party seeking entry of default under Fed. R. Civ. P. 55(a) must file: (1) a “Request to Enter Default,” in a form prescribed by the clerk; (2) an affidavit or declaration showing: (a) that the requirements of Fed. R. Civ. P. 4 for service or waiver of service have been sati
- Official source
- E.D.N.Y. — Local Rules & Division of Business (U.S. District Court, Eastern District of New York)
- Source health
- Healthy · checked November 14, 2026
- Effective date
- January 2, 2026
- Last verified
- November 3, 2026benchpath-nyfed-rules-2026-11-03
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