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

This text of Fed. R. Civ. P. 55 (Default; Default Judgment) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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.)

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Bluebook (online)

Fed. R. Civ. P. 55, Counsel Stack Legal Research, https://law.counselstack.com/rule/frcp/55.