Rule 15 - Default Judgments15.1 Entry of Default: Before a motion for Default Judgment is entertained, an Entry of Default first shall have been obtained from the clerk pursuant to N.C.G.S. § 1A-1, Rule 55(a). The Motion for Entry of Default shall be submitted to the Clerk of Superior Courts Office (Suite 3725) as soon as possible - at least 15 days after the expiration of the period of time to respond. If no entry of default has been filed within 45 days, and if the party/counsel has not otherwise filed another dispositive motion or obtained a trial date, then the case will be placed on a cleanup calendar pursuant to Rule 12.15.2 Default Judgments: In cases where the defendant has been served, and is in default, an application for Judgment by Default may be submitted to the Clerk of Superior Court's Office (Suite 3725). Where the party/counsel has obtained an Entry of Default but has not applied for Judgment by Default within 90 days of the service date and has otherwise not filed another dispositive motion or obtained a trial date, then the case will be placed on a cleanup calendar pursuant to Rule 12.15.3 Mailing: All applications submitted pursuant to Rule 15.2 shall be accompanied by a self-addressed, appropriately sized, postage-paid envelope.15.4 Notice to Party Represented by Attorney: Any attorney who knows that the opposing party in litigation is represented by an attorney, either by special employment in that litigation or generally on retainer, may not submit an application pursuant to Rule 15.2 without first giving such attorney 10 days written notice of his intention to apply for a default/default judgment against such party. The 10-calendar-day notice shall be given immediately after the expiration period for filing the answer and no later than five business days after the expiration period. A violation of this rule will cause the case to be identified as delinquent and may subject the case to dismissal at the discretion of the Chief District Court Judge or presiding judge.15.5 Ruling on Default Judgment Motions by Judge: Each week, the designated District Court Judge in Courtroom 6330 shall review the Default Judgment motions filed pursuant to Rule 55(b) 2(b) forwarded by the Clerk's office, and shall rule on each motion as he/she deems appropriate. The designated District Court Judge in Courtroom 6330 shall cause all Default Judgments entered to be returned to the Clerk in Courtroom 6330 on the day in which they are signed. The Clerk in Courtroom 6330 shall, as soon as received from the Judges' Office, file the judgment, if entered, and return the court file to the Civil Department for further handling. If a default judgment is entered, copies, if provided, will be sent to the moving party in the self-addressed stamped envelope. If the default judgment is not granted by the judge, the judge will prepare a list of reasons why the judgment was not entered and return the motion to the moving party with the list attached in the self-addressed, stamped envelope provided.15.6 Non-Military Service Affidavit: All applications submitted pursuant to Rule 15.2 shall include an affidavit stating that, as far as the plaintiff is aware, no individual defendant against whom a default/default judgment is being sought is on active military duty. Said affidavit must include a printout from the Department of Defense verifying that the listed party is not a member of the military.N.c. R. Prac. Sup. & Dist. Ct. Civ. P. 15
Revised 11/13/2015; effective 1/1/2016.