Alabama

Civil Procedure

Form 82 – Default judgment entered by court

This action came on the motion of the plaintiff for a default judgment pursuant to Rule 55(b)(2) of the Alabama Rules of Civil Procedure, and the defendant having been duly served with the summons and complaint and not being an infant or an unrepresented incompetent person and having failed to plead or otherwise defend, and his default having been duly entered and the defendant having taken no proceedings since such default was entered,

It is Ordered and Adjudged that [here set forth relief granted to plaintiff].

Done at ________, Alabama, this ________ day of ________, 19__.

Adopted 4-25-73.

Committee Comments

After entry of default pursuant to Rule 55(a), a default judgment may be entered by the court in all instances wherein entry of default judgment by the clerk is proper under Rule 55(b)(1) and, in addition thereto, in instances where entry of default judgment by the clerk would be proper but for the uncertainty of the damages or where the default arises from the defendant’s failure to otherwise defend after having made an initial appearance. See Rule 55(b)(2).