Rule 55.Default.
Last amended April 16, 2012 · Last verified July 6, 2026
Full Text of Rule 55
Amendment History
(Adopted by SCO 5 October 9, 1959; amended by SCO 30 effective February 1, 1961; by SCO 498 effective January 18, 1982; by SCO 554 effective April 4, 1983; by SCO 787 effective March 1, 1987; by SCO 1415 effective October 15, 2000; by SCO 1584 effective October 15, 2005; by SCO 1663 effective April 15, 2009; and by SCO 1771 effective April 16, 2012)
Notes
Note: The affidavit described in subsections (b) and (c) incorporates the requirements of the Servicemembers Civil Relief Act (50 App. U.S.C. § 521), as amended, concerning whether a party is in the military service.
Plain-English Summary
When a party fails to appear, answer, or otherwise defend, and that's shown by affidavit or otherwise, the clerk enters a default once the party seeking it serves an application on everyone, including the party in default; the clerk can make that entry no sooner than seven days after serving the application. If the claim is for a sum certain and the defaulted party isn't an infant, incompetent person, or someone in active military service (or the applicant can't determine military status and says so), the clerk itself can enter a default judgment for the amount due plus costs and fees — but only where every defendant in the case has been defaulted; otherwise the application goes to the court instead.
Applying to the court for a default judgment requires a memorandum explaining when and against whom the default was entered, an affidavit addressing the defaulted party's military-service status, and — if that party has already appeared in the case — proof that written notice of the application went out at least three days before a decision, unless the party failed to show up for trial, in which case the court can proceed without that notice. The court holds whatever hearings are needed to fix damages or verify the claim, and the same safeguards apply whether the party seeking default is a plaintiff, a third-party plaintiff, or a party asserting a counterclaim or cross-claim. No default judgment can be entered against the state or one of its officers or agencies without evidence establishing the claim, and a default judgment against multiple defendants generally requires that all of them be in default (or that the non-defaulting defendants' defenses wouldn't help the defaulting one). A default entered against a party — whether by the clerk or the court — can be set aside for good cause, and a default judgment already entered can be set aside under the same standard used to reopen any other judgment.
Frequently Asked Questions
What happens if I don't respond to a lawsuit filed against me?
The clerk enters a default against you once the other side serves an application, and if the claim is for a fixed dollar amount, the clerk can then enter a default judgment for that amount plus costs and fees.
Can a default judgment be entered against someone in the military?
Not without extra safeguards — the applicant must state whether the defaulted party is in active military service, and special protections apply if they are.
Can I get a default set aside?
Yes, for good cause; an entry of default can be set aside directly, and a default judgment already entered can be reopened under the same standard used for relief from any other judgment.