COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : PROCEDURES FOR ENTRY OF DEFAULT, DEFAULT JUDGMENT JUDICIAL SUBPOENA Plaintiff(s) -against- : In an effort to expedite requests for entry of default and/or default judgment, the Clerk=s : Office has implemented the following procedures. : When a Request for Entry of Default and/or a Request for Default Judgment is filed, a proposed Entry of Default and/or Default Judgment must be attached. A copy of the proposed Defendant(s) : . .Entry .of.Default . . . . . . Default .Judgment.must . . . . be.e-mailed, in Word format, to Debbie . . . . . . . . . . . and/or . . . . . . . . . . . . . . . . . then . . . . . . . . . Colmyer at: Deborah_Colmyer@deb.uscourts.gov If the Clerk=s Office determines that the YORK THE PEOPLE OF THE STATE OF NEW documents are in order and a default and/or default judgment can be entered, the proposed Default and/or Default Judgment will be approved and docketed. (Copies of the Entry of Default Form and the Judgment by Default Form can be found TO on the Court=s website (www.deb.uscourts.gov) under the Forms and Documents listing.) GREETINGS: DEFAULT ENTRY OF WE default precedes the issuance of a default judgment. It laid aside, you and each of An entry of COMMAND YOU, that all business and excuses being can be requested when the you attend before , the Honorable failed to answer, plead or defend. The following information must be included in at the Court defendant has located at County of a request for entry of default: in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 1) Date of issuance of summons; 2) Statement of whether the court fixed a deadline for filing an answer or motion, or whether Your (35 days for the with this subpoena is punishable as a contempt of court and will make you liable to the 30 day failure to complyUnited States and its offices) limit applies; the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failureof the complaint; 3) Date of service to comply. Witness, Honorable 4) Date of filing affidavit of service; Court in County, day of , one of the Justices of the , 20 5) Statement that no answer, motion or responsive pleading has been filed within the time limit fixed by the court or by Fed. R. Bankr. P. 7012(a); and, (Attorney must sign above and type name below) 6) Statement that defendant is not in the military service, as required by 50 U.S.C. app. Section 520. Attorney(s) for ENTRY OF DEFAULT JUDGMENT Once a default has been entered by the Clerk, parties may request entry of default judgment. Office and P.O. Address Judgments by default may be entered by the Clerk or a Judge depending on the circumstances. The clerk is required to enter a judgment by default on request of the plaintiff and upon affidavit of the amount due if the following conditions are met: Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 1) Plaintiff=s claim is for a sum certain as stated in the complaint :or for a sum which can by JUDICIAL SUBPOENA Plaintiff(s) computation be made certain; -against- : 2) Defendant has been defaulted for failure to appear; : 3) Defendant is not an infant or incompetent person, nor in the military service. : Note: A Request for Entry of Default and Defendant(s) Entry of Default Judgment can be ea Request for : . .filed.as. two .separate .documents. simultaneously. .The .Clerk=s.office would first process the ... . ... ...... ........ ............. ... ..... .. Request for Default and then the Request for Default Judgment. Should it not be appropriate to enter a default, a docket entry indicating ADefault Denied@ with the appropriate reason would be entered. The Request STATE OF NEW YORK THE PEOPLE OF THE for Default Judgment would thereupon become moot. TO If you have any questions concerning the above, please contact Debbie Colmyer at 302-252-2901 (Deborah_Colmyer@deb.uscourts.gov) or George Wylesol at 302-252-2889 (George_V_Wylesol@deb.uscourts.gov). GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : United States Bankruptcy Court JUDICIAL SUBPOENA Plaintiff(s) -against- District of Delaware : : In re _________________________, Debtor ) ) Case No. __________________ : ) Defendant(s) ) : . . . . . . . . ________________________, . . .). . . . . . Chapter ___________________ .............................. ....... Plaintiff ) ) v. THE PEOPLE OF THE STATE OF NEW YORK ) ________________________, ) Adv. Proc. No. ______________ TO ENTRY OF DEFAULT GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before It appears from the record that the at the following defendant failed to plead or , the Honorable Court otherwise defend in this case as required by law. located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Name: Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Therefore, default is entered against the defendant as authorized by Federal , one of the Justices of the Rule ofWitness, Honorable Bankruptcy Procedure 7055. Court in County, day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com 4/8/03