(a) Applicability. In addition to the requirements of Rule 55, the provisions of this rule shall apply to the entry of default for failure to appear or otherwise defend and to the entry of judgment after default in all actions subject to the requirements of Rule 8.1.(b) Default.
(1) Affidavit required. When requesting a default, or upon request of the clerk for the purpose of entering a default, counsel for the plaintiff shall sign, serve, and file an affidavit stating that (i) counsel has personally reviewed the documentation filed and served pursuant to Rule 8.1; (ii) the documentation meets all requirements of Rule 8.1(c)-(f) (with any exceptions specifically stated); and (iii) the documentation establishes the plaintiff’s entitlement to judgment in the amount claimed by the plaintiff. A self-represented plaintiff shall sign, serve, and file an affidavit with the same content. In entering a default, the clerk may rely upon the affidavit.(2) Non-entry of default. If the plaintiff has not complied with the requirements of Rule 8.1 and subdivision (b)(1) of this rule, the clerk shall not enter a default against the defendant and shall so notify the parties. The court shall dismiss the complaint without prejudice on or after the 30th day after the date of notice by the clerk unless the plaintiff shows cause, with notice to the defendant, why the complaint should not be dismissed.(c) Judgment. No default judgment against the defendant shall enter unless the clerk (if under Rule 55(b)(1) ) or court (if under Rule 55(b)(2) ) determines that the documentation filed and served by the plaintiff pursuant to Rule 8.1 and the affidavit pursuant to subdivision (b)(1) of this rule establish the plaintiff’s entitlement to judgment in the amount claimed by the plaintiff. In entering a default judgment, the clerk or court may rely upon the affidavit pursuant to subdivision (b)(1) of this rule.(d) Service. The plaintiff’s request for entry of default judgment must be served on the defendant in accordance with Rule 5(b). The plaintiff must file proof of service of the request with the clerk or court. If service is to be made by mailing the request to the defendant’s residential address, the plaintiff shall, within three months prior to the request, reverify the defendant’s current residential address and shall file a new address verification affidavit pursuant to Rule 8.1(e).
