Fed. R. Civ. P. 55 — Default; Default Judgment

Federal Rules of Civil Procedure

Rule 55 — Default; Default Judgment

Fed. R. Civ. P. 55

Rule55

TITLE VIIJUDGMENT

CitationFed. R. Civ. P. 55

Fed. R. Civ. P. 55 (Default; Default Judgment) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Fed. R. Civ. P. 55.

Text

(a)ENTERING A DEFAULT. When a party against whom a judg- ment for affirmative relief is sought has failed to plead or other- wise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.

(b)ENTERINGADEFAULTJUDGMENT.

(1)By the Clerk. If the plaintiff’s claim is for a sum certain or a sum that can be made certain by computation, the clerk— on the plaintiff’s request, with an affidavit showing the amount due—must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.

(2)By the Court. In all other cases, the party must apply to the court for a default judgment. A default judgment may be entered against a minor or incompetent person only if rep-

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(a) ENTERING A DEFAULT. When a party against whom a judg-
ment for affirmative relief is sought has failed to plead or other-
wise defend, and that failure is shown by affidavit or otherwise,
the clerk must enter the party’s default.
(b) ENTERINGADEFAULTJUDGMENT.
(1) By the Clerk. If the plaintiff’s claim is for a sum certain
or a sum that can be made certain by computation, the clerk—
on the plaintiff’s request, with an affidavit showing the
amount due—must enter judgment for that amount and costs
against a defendant who has been defaulted for not appearing
and who is neither a minor nor an incompetent person.
(2) By the Court. In all other cases, the party must apply to
the court for a default judgment. A default judgment may be
entered against a minor or incompetent person only if rep-
resented by a general guardian, conservator, or other like fi-
duciary who has appeared. If the party against whom a default
judgment is sought has appeared personally or by a represent-
ative, that party or its representative must be served with
written notice of the application at least 7 days before the
hearing. The court may conduct hearings or make referrals—
preserving any federal statutory right to a jury trial—when,
to enter or effectuate judgment, it needs to:
(A) conduct an accounting;
(B) determine the amount of damages;
(C) establish the truth of any allegation by evidence; or
(D) investigate any other matter.
(c) SETTING ASIDE A DEFAULT OR A DEFAULT JUDGMENT. The
court may set aside an entry of default for good cause, and it may
set aside a final default judgment under Rule 60(b).

(d) JUDGMENT AGAINST THE UNITED STATES. A default judgment
may be entered against the United States, its officers, or its agen-
cies only if the claimant establishes a claim or right to relief by
evidence that satisfies the court.

Advisory Committee Notes

(As amended Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 29, 2015, eff. Dec. 1, 2015.)