Affidavit of Military/Nonmilitary Service, Miscellaneous, Request for Entry of Default Step Two After the Clerk of Court has entered default, a default judgment may be obtained. Minden Pictures v. Buzznick et al Doc. ********************************* 2. 5. a. b. ********************************* 4. 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Overview: PLEASE READ CAREFULLY THIS IS A TWO-STEP (2) PROCESS Before seeking default judgment in an adversary proceeding, the plaintiff's attorney should make certain that he or she has: (1) properly and timely served the defendant; and (2) filed an accurate certificate of service. Request: ADR Procedure Selection: ADR-01.pdf. Requesting entry of default in United States District Court is authorized by Rule 55(a) of the Federal Rules of Civil Procedure which states that, "When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or . HTM0W[;qHUVfV tfW4~}~sw?{[eAn:$7O&O\ Signature Required Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name or by a party personally if the party is unrepresented. 0 CV-004A. Central District of California Hon. It is not necessary to wait for the Court to enter an Entry of Default before filing the Request for Entry of Default Judgment (the Request for Entry of Default and Request for Entry of Default Judgment may be e-filed one after the other). Overview. REQUEST FOR ENTRY OF DEFAULT IN ADVERSARY PROCEEDINGS, Overview: PLEASE READ CAREFULLY THIS IS A TWO-STEP (2) PROCESS. y?bqH(?>lx 8r3$7*6a P. 55(b)(2)) using the procedures described below. 1 -License Agreement, 29-3 Request for Judicial Notice). January 1, 2020] Page 2 of 2. Requesting entry of default in United States District Court should be done as soon as possible once the deadline for the defendant(s) to respond has expired. 04/2018: ADR-02 : Stipulation Regarding Selection of Panel Mediator: ADR-02.pdf . 55 0 obj <>/Filter/FlateDecode/ID[<41CDC0422F86FC7006FC8F8C86E043C9><922CD1DC37801B469102A8A2BDA57706>]/Index[31 42]/Info 30 0 R/Length 113/Prev 138952/Root 32 0 R/Size 73/Type/XRef/W[1 3 1]>>stream Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. YOUR NAME YOUR . Declaration in Support of Application for Entry of Default. United States District Court Central District of California Philip S. Gutierrez, Chief Judge Kiry K. Gray, District Court Executive/Clerk of Court. Before seeking default judgment in an adversary proceeding, the plaintiff's attorney should make certain that he or she has: (1) properly and timely served the defendant; and (2) filed an accurate certificate of service. Computerized translations are only an approximation of the website's original content. Other: The Clerk cannot enter the requested Default Judgment against for the following reason(s): Docket. hTMo0 FOR COURT (2) Default NOT entered as requested (state reason) : USE ONLY Clerk, by , Deputy Page 1 of 2 Form Adopted for Mandatory Use REQUEST FOR ENTRY OF DEFAULT Code of Civil Procedure, Judicial Council of California 585-587, 1169 CIV-100 [Rev. Requesting entry of default in United States District Court is the topic of this blog post. 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TaylorCourt Calendars / Tentative RulingsOpinionsCode of Conduct, Home | Contact Us | Employment | Glossary of Legal Terms, Judicial Conduct and Disability | Judicial Seminars Disclosure | Privacy Policy | BrowseAloud, Hon. 9A!Q' %%EOF REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) CIV-100 [Rev. The request must include certain affirmative statements that are required prior to the clerk entering the Clerk's Entry of Default. A Journalist's Guide to the Federal Courts, Policy Governing Limited Use Of Court Space, Debtor Electronic Bankruptcy Noticing (DeBN), Section 1 - Common Bankruptcy Procedures & Information, Section 2 - Serving Documents & Giving Notice, Section 3 - Judges' Procedures -- Judges' Webpages, Request for Clerk to Enter Default under LBR 7055-1(a), FRBP 7055 -- Entry of Default, Default Judgment, Proposed Local Bankruptcy Rule Amendments for Public Comment November 1, 2021, through November 24, 2021, Judicial Misconduct or Disability Complaints, Rules for Judicial-Conduct and Judicial-Disability Proceedings, Complaint of Judicial Misconduct or Disability, Your Employee Rights and How to Report Wrongful Conduct, A request must be filed along with a supporting declaration -- the court provides a, A hearing is not required, but the plaintiff must file a. When the underlying action is a core matter: In order to obtain a default judgment, the attorney for the plaintiff is to file: (1) an Application for Entry of Default Judgment addressed to the clerk of court; (2) appropriate motion/application to the Court for Judgment by Default (which should indicate whether the party against whom default is sought is an infant or incompetent); and (3) an Affidavit of Military/Nonmilitary Service. 131 0 obj 99 0 obj <> endobj One or two word search terms work best. ?im United States District Court Southern District of California TIMING Overview-Entry of Default/Default Judgment > > Read More.. Rules & Requirements Entry of Default. 1fGH7H84`M3v00] ,H'?w O{ Central Violations Bureau - Federal Ticket, Requests to Use District Court Facilities, Link Your CM/ECF Account to Your PACER Account, Electronic Filing and Case Access for Attorneys, Electronic Filing and Case Access for People Without Lawyers, Hardware and Software Requirements for Electronic Filing, Problem with PDF documents created on Mac Operating Systems, Hearing Access Request Form for Criminal Duty Proceedings, Guidelines for Zoom Courtroom Proceedings, Proof of Service of Summons (replaced by Form POS-010), Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment (Resident) (Attachment), Right to Attach Order After Hearing and Order for Issuance of Writ of Attachment (Attachment), Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment (Nonresident) (Attachment), Application for Right to Attach Order, Temporary Protective Order, etc. To view this site in a language other than English, select your language from the Google Translate menu above. hgPbvoz@xW{lqrRfu\3'h%kSN!Q!%*^VLa=;PQKKsdV:rz%7)7FE4cqV"FZnM \WAS-]E_ ? The clerk reviews the request and files either a Notice that the Clerk has Entered Default, or, if there is a mistake in the request, the clerk files a Notice that the Clerk Has Not Entered Default. 0. -1!o7! ' NAME, Plaintiff, v. NAME, . I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. In the Central District of California, plaintiffs seeking default judgment must also satisfy the requirements of Local Rule 55-1. II. CENTRAL DISTRICT OF CALIFORNIA . endobj 132 0 obj Before the clerk is required to enter a default, the party requesting such entry must file with the clerk a written request for entry of default, submit a proposed form of entry of default, and file any other materials required by Fed. Representing Yourself (Pro Se)? Computerized translations are only an approximation of the website's original content. Required documents The following documents are required to be associated and . The above links use Google Translate, a free online language translation service. R. Civ. January 1, 2007] (Application to Enter Default) www.courtinfo.ca.gov 415.46. Request for Entry of Default / Judgment - Request for Entry of Default / Judgment December 12, 2022. R. Civ. 2019-05-01T22:16:58Z To file a Motion to Set Aside Entry of Default in the U.S. District Court for the Central District of California, you will need to prepare the following documents: 1) Notice of Motion and Motion to Set Aside Entry of Default 2) Memorandum . endstream endobj 32 0 obj <> endobj 33 0 obj <> endobj 34 0 obj <>stream C lick Next.. If the plaintiff fails to do so and the defendant appears in the case, even if the defendant files an answer or a motion well after the deadline to do so, the clerk cannot enter default and some judges will allow the defendant to proceed in the action. Asks the court to enter a "default" against the defendant or cross-defendant because they failed to file an Answer or other responsive document in the case. 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Proof of Service of Summons (replaced by Form POS-010) Click Here. A Journalist's Guide to the Federal Courts, Policy Governing Limited Use Of Court Space, Debtor Electronic Bankruptcy Noticing (DeBN), Judicial Misconduct or Disability Complaints, Rules for Judicial-Conduct and Judicial-Disability Proceedings, Complaint of Judicial Misconduct or Disability, Your Employee Rights and How to Report Wrongful Conduct. In the application for entry of default, you must inform the clerk that the defendant was properly served but did not respond on time and has not yet appeared in the action. To download the latest version of Adobe Reader, click here. Sample form forthe Affidavit of Military/Nonmilitary Serviceis available on the Courts website. The above links use Google Translate, a free online language translation service. When a party against whom relief is sought "fails to plead or otherwise defend" and the failure is "made to appear by affidavit or otherwise," that party's default will be entered . ;>)m2\$=.pd`F){}WP"3[m(E;$}Q"6iJ&j[]'Zfx3&%uIZq3,])u%M.xEI7]Vb4/GJ:?3=iksS^q*rXazH5wXeq>"%YyD}[ND}L>\^mDeYEeA!bFw+%i-q6hmQ^bHkg [ When the underlying action is a noncore matter: Parties must follow the procedures set forth in section I above. This is very important as once a default has been entered against a defendant by the clerk under Rule 55(a), the entry of default prohibits the defendant from filing an appearance in the lawsuit unless the defendant files a motion to vacate the default and has a good explanation for why they failed to respond on time. P. 4, as incorporated by Fed. January 1, 2007] REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) Page 2 of 2. is not is not is not or unlawful detainer assistant e. f. This action and . CV-001. hmo8|ln' Form #: F 7055-1.1.REQ.ENTER.DEFAULT. ********************************* 3. endstream endobj 105 0 obj <>stream endstream endobj startxref Sample Request for Entry of Default Under Rule 55(a) in United States District Court by Stan Burman on Scribd, To view more information on over 300 sample legal documents for California and Federal litigation visit:https://legaldocspro.myshopify.com/products. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice. Can be used to ask for a default alone, or also a default judgment. A Request for Entry of Default may be filed by the plaintiff after the defendant has failed to plead or otherwise defend. (Attachment), Application for Set Aside Right to Attach Order and Release Attached Property, etc. The Bankruptcy Judge to whom the matter had been assigned may execute a recommendation that default judgment be entered, but final judgmenteven default judgmentmust be entered by and in the district court. O(AHSA"UyK)&q6sV4!Nzz~SQZ:^OYwO{GX<7a1mJEG8K xw HTMo1iCB{r[8T@/xfgQP2s{$$R8s6 v =nxv&|E.t|n9zbln6xf#y`eb [|~*WSpIc,0$z`ox"w_%fx7W@v{ W|p4|B^2)Z/-/H),OJ0f&C824Xl6:|^]4"m)Tksf{_bo_ 127 0 obj <>/Filter/FlateDecode/ID[<4DE9B398F3F55C94AFA36DDE6D5791B8><9196C4F412C0844C860E2E26C0DFDA2E>]/Index[99 49]/Info 98 0 R/Length 124/Prev 203338/Root 100 0 R/Size 148/Type/XRef/W[1 3 1]>>stream The documents required for obtaining a default judgment are: (1) Motion (or Request) for Entry of Default Judgment; (2) Affidavit . Search Instructions. endstream endobj 106 0 obj <>stream 31 0 obj <> endobj Forms | Central District of California | United States Bankruptcy Court Home Forms Forms To open the document, click on the file name. uuid:4765632e-97e1-4a4c-8ec4-f5186a5fab96 If you're using a VPN server, please make sure you're using a US Based VPN Server, or disable it to access our site temporarily. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. Do you want to use this article on your website, blog or e-zine? endstream endobj 104 0 obj <>stream Select the Party.If not listed, click Add/Create New Party. 29) 2019-05-01T22:16:37Z jcM*qFbdFpM\ 7*5gNws9rs49"6g!O},2?h7ylCB6ni_y' hb```c``d`e`9 ,@QLA=8o\-Ak9N`` V Request for Entry of Default. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Civ-100 [Rev. % P. 7055(b) (Fed. To regain the right to oppose the lawsuit, you must file a Motion to Set Aside Entry of Default. Jurors; Attorneys; People without Lawyers; . Entry of Default Judgment. "(ZIV!8y~fBy);wwO~'@0o?G7~/|2^>wn|6YEtp02qa!Iv8iRht`GxQ?U2Kq:3%5|dn.#x__wV~Tm^zt*tX%L 21o. In addition to reviewing the request for the entry of default, the clerk should look carefully to see whether proper service of the summons and complaint was made pursuant to Fed. . Search form. If all affirmative statements are included in the request, the Clerk . hTPn0[dt4NwE1%$8 :7{ae#W`[Wt :GZ; To view this site in a language other than English, select your language from the Google Translate menu above. %%EOF U|Jm&Y]S@+RnD_j[R(>/CcrAxVW> LH.S!,2WE;IKw\SRT)G$#DSQ(U;he14M_\m`&>(Mv`0 ^6yG#MIzlE!e{+)L:c;tu=8k FucW[^St8p( -+DK{lW-.+9.5RPmZZdgV. The default cannot be entered if any of the following exists: 147 0 obj <>stream R. Bankr. You can, as long as you include this blurb with it: Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. To save a copy to your system, right click. 7> be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. R. Civ. hb```e``J\B ce`aXj: 7:)QVJlZL,rzb%$=niRMWT9G[mn?' FpX@JHA%: pa.paJ2JNxAC 4. R. Bankr. Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. They are currently arriving within 30 minutes of purchase. application/pdf However, entry of a defendant's default does not automatically entitle the Please bear with us as the download emails don't seem to be getting sent out as quickly right now. Attorneys or parties in civil litigation that would like to view or download a sample Rule 55(a) request for entry of default in United States District Court containing brief instructions, a sample declaration and proof of service sold by the author can use the link shown below. R. Bankr. Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment (Resident) (Attachment) Document collections are now available as non-refundable purchase items with new pricing. %PDF-1.5 % Warning for Electronic Filers: Flattening PDF Files Required Mediation Forms 7(myOc` #8}]; :&bDs@`!t,E :0o+\-h(ddKXif]#)qBrp|L' $w=y6CdM.1} form of Entry of Default; and (4) a Certificate of Service indicating that these documents were served upon the defendant. fvycu~3tm=NTAy!A;!pfaNgfQ=GEsPru 29) 7055-1 (a): Adversary Proceedings: DEFAULT: Request for Clerk to Enter Default LBR 7055-1 (a) provides the procedure to follow in an adversary proceeding when a defendant has not filed an answer to a complaint and the plaintiff wishes to request entry of default against that defendant. `. Enter Case Number. Chapter I was last amended December 1, 2022; Chapter II was last amended December 1, 2018; Chapter III was last amended December 1, 2020; and Chapter IV was last amended December 1, 2015. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. In the declaration, you or your attorney of record must swear under penalty of perjury that the defendant was properly served and never appeared in the action. P. 55(a)). 7055-1(a):Adversary Proceedings: DEFAULT: Request for Clerk to Enter Default. CV-001A. P. 55(a). To save a copy to your system, right click. To download the latest version of Adobe Reader, click here. Get form CIV-100 Effective: January 1, 2023 View CIV-100 Request for Entry of Default (Application to Enter Default) form Christopher B. Latham, Chief Judge Michael Williams, Clerk of Court, Register of Federal & State Government Units, Fees Awarded to Trustees and Professionals, Bankruptcy Code & Federal Rules of Bankruptcy Procedure, Trustee Guidelines & Additional Requirements. Effective immediately we have updated our refund policy! endstream endobj 103 0 obj <>stream 0 Request for Entry of Default has been forwarded to the assigned Judge Party dismissed from action on Case terminated on Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. 7055-2, the parties will be so notified. $`)/ uo#{y'wNig3N^;xgxuKBG5o,Hwc" y0G-$/R5_V{-5SoU^4'k0!!.Vo%5j8>$O!MR%I?DI*I+$_} Sn!ZTJS(DT"MSPFIH=9rGu4cobd Bankruptcy Forms for IndividualsBankruptcy Forms for Non-Individuals, Public NoticesEnjoined Petition PreparersAttorney Disciplinary ActionsNon-Compliance AttorneysCourt PublicationsCases of InterestSale of Estate PropertyMonthly/Yearly StatisticsInteractive StatisticsPrivacy Policy, Bankruptcy Code (Title 11)The Central GuideCourt ManualFederal Rules of Bankruptcy ProcedureLocal Bankruptcy RulesLocal Bankruptcy Rule FormsPost Judgment Interest RatesGovernment Units' Mailing AddressesMedia Gallery, Contact UsSchedule Appointment with IntakeEmail CM/ECFEmergency Motion ContactsUnclaimed Funds SearchAccommodations, Judicial Misconduct or Disability ComplaintsJudicial Conduct & DisabilityRules for Judicial-Conduct and Judicial-Disability ProceedingsComplaint of Judicial Misconduct or Disability, All JobsCareersYour Employee Rights and How to Report Wrongful ConductCourt ApplicationUSAJobs.gov, Home |Glossary of Legal Terms | Translate, Hon. Google Translate is a free, online language translation service, and its computerized translations are only an approximation of this Web site's original content. This affidavit is executed by me in accordance with Rule 55 of the Federal Rules of Civil Procedure and Supplemental Rule G for Admiralty or Maritime Claims and Asset Effective Date: 12/ . The declaration must also state that the defendant is not a minor, an incompetent person, or in the military service. 72 0 obj <>stream Note: If it is your first time docketing on a case the following message will display: "The following attorney/party associations do not exist for this . Sample Request for Entry of Default Under Rule 55(a) in United States District Court, https://legaldocspro.myshopify.com/products, http://freeweeklylegalnewsletter.gr8.com/. Theodor C. Albert, Chief Judge Kathleen J. Campbell, Clerk of Court. If the Court determines that a hearing on the issue of damages is required pursuant to L.B.R. Nitro Pro 7 (7. Download Form (pdf version): F7055-1.1REQENTERDEFAULT.pdf. 5. Select Request For Entry of Default, click Next.. Requesting entry of default in United States District Court is authorized by Rule 55(a) of the Federal Rules of Civil Procedure which states that, When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.. Prior to the entry of a default, special care should be taken to ensure that the defendant has in fact defaulted. ********************************* 1. 2019-05-01T22:16:58Z endstream endobj 100 0 obj <> endobj 101 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]/XObject<>>>/Rotate 0/Type/Page>> endobj 102 0 obj <>stream Google Translate is a free, online language translation service, and its computerized translations are only an approximation of this Web site's original content. TRANSLATE: Espaol | Ting Vit | | | . endstream endobj 107 0 obj <>stream . 40g 8C%,_u*YEkkiL=*E{mpIGU. Ny[+A])?ne9 g;pnptLK `C3B0v%DcQp;3bi) c8;cSKf1L+lT\_3(k2g0p@Y7` ~p Theodor C. Albert, Chief Judge Kathleen J. Campbell, Clerk of Court . ([)y?+[/0VfsLA11E 'Z{%-bqOS3)\an(yGu/->1D P. 7055(a) (Fed. REQUEST FOR ENTRY OF DEFAULT IN ADVERSARY PROCEEDINGS. Request for Entry of Default. Richard Burman, Managing Partner 02Nov2020. A request for attorneys' fees is authorized by Central District Local Rule 55-3. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Nitro Pro 7 (7. If you're a paid subscriber and still having difficulty, please contact our support desk with your IPv4 address so we can investigate. %PDF-1.5 % im/=Ck{C! After the Clerk has entered default, Plaintiffs attorney may then apply for entry of default judgment pursuant to Fed. stream The default cannot be entered if any of the following exists: P. 7012 (a); The affidavit or affirmation should be filed with the court and must have a completed proposed Entry of Default (Form 2600) attached. The Court may strike or decline to consider motions, stipulations, or . 19 Case 2:22-cv-00369-RJS-CMR Document 19 Filed 02/27/23 PageID.99 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION MINDEN PICTURES, INC., Plaintiff, MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT v. Use Judicial Council form CIV100. Request for Clerk to Enter Default under LBR 7055-1(a) MANDATORY. Requesting entry of default in United States District Court requires submitting the following documents: An Application for Entry of Default signed by the Plaintiff or their attorney of record. It is the plaintiffs responsibility to ask the clerk to enter default against a defendant or defendants. %PDF-1.4 Just visithttp://freeweeklylegalnewsletter.gr8.com/for more information. <. The download manager is not working as well as usual. hbbd```b`` "@$Sd k@$c?XR0[E*4" Click the Bankruptcy or Adversary hyperlink on the CM/ECF Main Menu.. Click Miscellaneous hyperlink.. eu]OB|H!K#T*~glJKvB"0c A[ VE!*TF@*H)pw %qYrJ)u*K^plrX'5 \zFh$-aSOAh2tcvQXO1w:Jg.M |O* 6 _\z>Uo6qn9>0IV_l~_S endstream REQUEST FOR ENTRY OF nFFAITI T The undersigned, being first duly sworn, deposes and says: 1 I am an Assistant United States Attorney for the Eastern District of Virginia. The proofs of service for each defendant must be attached to this declaration as proof that the defendant was properly served. Once the time to answer has expired, he or she may seek entry of default pursuant to Fed. Local Bankruptcy Rules Forms | Central District of California | United States Bankruptcy Court Home Forms Overview Local Bankruptcy Rules Forms To open the document, click on the file name. Rev. Use Judicial Council form CIV100. 04/25/19. Theodor C. Albert, Chief Judge Kathleen J. Campbell, Clerk of Court. 29-1 Smith Declaration, 29-2 Ex. The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. A Default alone, or also a Default, plaintiffs attorney may request for entry of default central district of california apply for Entry of Default may filed..., Chief Judge Kathleen J. Campbell, Clerk of Court comprehensive legal for! 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Gray District!: ADVERSARY PROCEEDINGS: Default: request for attorneys & # x27 ; fees is authorized Central... $ ` ) / uo # { y'wNig3N^ ; xgxuKBG5o, Hwc '' $! Judgment December 12, 2022 % $ =niRMWT9G [ mn? attachment to the main Entry! ( TYPE or PRINT NAME ) ( SIGNATURE of DECLARANT ) CIV-100 [ Rev for Set Entry. Use Google Translate, a free online language translation service has expired, he or she may seek Entry Default! Or defendants for each defendant must be Attached to this declaration as proof that foregoing! Menu above be used request for entry of default central district of california ask for a Default Judgment Page 2 of 2 website. Select the Party.If not listed, click Add/Create New Party %, _u * YEkkiL= * e mpIGU! Also a Default alone, or also a Default, plaintiffs attorney may apply. Two word search terms work best having difficulty, PLEASE contact our Support desk with your IPv4 address so can. Type or PRINT NAME ) ( SIGNATURE of DECLARANT ) CIV-100 [ Rev of.... 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