VII. JUDGMENT
RULE 55. DEFAULT
(a) Entry. When a party against whom a judgment for
affirmative relief is sought has failed to plead or otherwise
defend as provided by these rules, and that fact is made to appear
by affidavit or otherwise, the clerk shall enter the party's
default.
(b) Judgment. Judgment by Default May be Entered as Follows:
(1) By the Clerk. When the plaintiff's claim against a
defendant is for a sum certain or for a sum which can by
computation be made certain, the court upon request of the
plaintiff and upon affidavit of the amount due shall direct the
entry of judgment by the clerk for that amount and costs against
the defendant, if the defendant has been defaulted for failure to
appear and is not an infant, incompetent person, or convict.
(2) By the Court. In all other cases the party entitled to a
judgment by default shall apply to the court therefor; but no
judgment by default shall be entered against an infant, incompetent
person, or convict unless represented in the action by a guardian,
guardian ad litem, committee, conservator, curator, or other
representative who has appeared therein. If the party against whom
judgment by default is sought has appeared in the action, the party
(or, if appearing by representative, the party's representative)
shall be served with written notice of the application for judgment
at least 3 days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into
effect, it is necessary to take an account or to determine the
amount of damages or to establish the truth of any averment by
evidence or to make an investigation of any other matter, the court
may conduct such hearings or order such references as it deems
necessary.
(c) Setting Aside Default. For good cause shown the court may
set aside an entry of default and, if a judgment by default has
been entered, may likewise set it aside in accordance with Rule
60(b).
(d) Plaintiffs, Counterclaimants, Cross-Claimants. The
provisions of this rule apply whether the party entitled to the
judgment by default is a plaintiff, a third-party plaintiff, or a
party who has pleaded a cross-claim or counterclaim. In all cases
a judgment by default is subject to the limitations of Rule 54(c).
(e) Entry of Judgment. The provisions of Rule 58 apply to
default judgments.
[Effective July 1, 1960; amended effective April 6, 1998.]