11JDCR 3.26

(a) Default. Prior to seeking a default judgment, a party must obtain an entry of default from the clerk after setting forth that the party has failed to respond in a timely manner to the Summons and Complaint or Petition as set forth in the NRCP.

(b) Notice. Unless the party demonstrates good cause and obtains an order from the court to dispense with the requirement to give notice of an intent to seek default, a party is required to notify the opposing party of the intent to seek default. The moving party shall give the written notice at least 5 business days before filing additional paperwork to obtain a default, and the notice shall state the same.

(c) Application to clerk for default. After the party gives notice of intent to seek default, the party may file an application with the court clerk if the opposing party has not filed any answering documents within the time given in the notice. The application must set forth the date on which service was accomplished and the evidence establishing compliance with the notice requirement in subsection (b) of this rule. The clerk may then issue the default.

(d) Application for default judgment. An application for a default judgment must be made upon affidavit or declaration under penalty of perjury that sets forth the grounds for the judgment.

(e) Review. Upon review by the court of the application, the court may grant the default without a hearing or may set the matter for a hearing in which the applicant will be required to prove-up the grounds for the judgment through satisfactory evidence.

(f) Order. If the court determines that the affidavit or evidence produced satisfies the applicant’s burden, the court may issue a default judgment. The requesting party must file a proposed default judgment, in Word format.