Guidelines For Default Judgments {CIV-251}

CIV-251, GUIDELINES FOR DEFAULT JUDGMENTS, After you obtain entry of default you must obtain a default judgment within 45 days, unless other defendants named in the complaint have answered. A default judgment may be obtained from the clerk without a hearing or judicial review if the action is one arising from a contract or judgment and seeks recovery of money damages only if a fixed or determinable amount and the defendant was not served by publication (Code Civ. Proc. § 585(a)). Applications for default judgment by clerk should be submitted to the civil business office of the appropriate court. If, in the sole determination of the court, the case is not amenable to default judgment by clerk pursuant to Code of Civil Procedure, section 585(a), the court encourages the submission of applications for default judgment by court by declaration or affidavit in accordance with Code of Civil Procedure, section 585(d). Such applications should be submitted to the Civil Business Office of the appropriate court. Entry of judgment against defaulted defendants will generally be deferred until resolution of the entire action. If you believe a several judgment resolution against a defaulted defendant is proper prior to the resolution of the entire action, you should support your application with applicable factual and legal authority (see Code Civ. Proc. § 579). SDSC CIV-251 (New 5/09). www.FormsWorkflow.com