§ FORM 36 APPLICATION TO CLERK FOR ENTRY OF DEFAULT AND SUPPORTING AFFIDAVIT
FORM 36. APPLICATION TO CLERK FOR ENTRY OF DEFAULT AND SUPPORTING AFFIDAVIT
The clerk is requested to enter default against the defendant _______ in the above entitled action for failure to plead, answer or otherwise defend as set out in the affidavit hereto annexed.
________________________________________________________________________________
Attorney for Plaintiff
State of Mississippi )
County of ___________________________ )
_______, being duly sworn, deposed and says:
1. That he is attorney of record of the plaintiff, and has personal knowledge of the facts set forth in this affidavit.
2. That the defendant was duly served with a copy of the summons, together with a copy of plaintiff's complaint, on the _______ day of _______, 19__.
3. That more than 30 days have elapsed since the date on which the said defendant was served with summons and a copy of the complaint.
4. That the defendant has failed to answer or otherwise defend as to plaintiff's complaint, or serve a copy of any answer or other defense which he might have upon the undersigned attorney of record for the plaintiff.
5. That this affidavit is executed by affiant herein in accordance with Rule 55(a) of the Mississippi Rules of Civil Procedure, for the purpose of enabling the plaintiff to obtain an entry of default against the defendant, for his failure to answer or otherwise defend as to the plaintiff's complaint.
________________________________________________________________________________
Attorney for Plaintiff
Sworn to and subscribed before me this the _______ day of _______, 19__.
________________________________________________________________________________
Notary Public
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