Rule 55.Default judgments
Part VII: Judgment · Last amended November 12, 1997 · Last verified July 28, 2026
Full Text of Rule 55
Amendment History
Amended, effective March 1, 1961; Jan. 1, 1972; Jan. 1, 1991; Nov. 12, 1997.
Plain-English Summary
Rule 55(b) splits default judgments into two tracks. When the plaintiff's claim is for a sum certain, or a sum a computation can make certain, and the defendant has failed to appear, the prothonotary enters judgment directly on the plaintiff's written direction and an affidavit of the amount due. That submission has to include a statement of the principal due (capped at what the complaint demanded), credit for any payments received, and a computation of interest, backed by an affidavit confirming the defendant isn't an infant or incompetent person, that the defendant has defaulted in appearance, and that the stated amount is justly owed and unpaid. The prothonotary then enters judgment for principal, interest, and costs. This track isn't available against an infant or incompetent person.
Every other default judgment goes to the Court instead. If the defendant has appeared in the action, that defendant must be served written notice of the application for judgment at least three days before the hearing. No default judgment can be entered against an infant or incompetent person unless a guardian, trustee, or other representative appears for that person in the action. Where the Court needs to take an account, determine damages, establish an averment through evidence, or investigate some other matter before it can enter judgment, it may hold hearings or order references, and it must give the parties a jury trial where a statute requires one.
Rule 55(b) also carves out three special situations governed elsewhere: judgments for want of appearance in actions begun by capias follow the applicable statute; judgments in appeals under Rule 3(c) turn on whether the appellee failed to serve the first pleading (judgment for failure to plead) or a responsive pleading under Rule 12(aa4) (ordinary default judgment); and judgments for want of appearance in confession-of-judgment actions follow Rules 58.1, 58.2, and 58.3. Rule 55(c) lets the Court set aside a default judgment under the standard in Rule 60(b), and Rule 55(d) makes the whole rule apply equally whether the party seeking the default judgment is a plaintiff, a third-party plaintiff, a counterclaimant, or a cross-claimant.
Frequently Asked Questions
Can the prothonotary enter a default judgment without going through a judge?
Yes, when the plaintiff's claim is for a sum certain or a sum a computation can make certain and the defendant has failed to appear. Rule 55(b)(1) lets the prothonotary enter judgment on the plaintiff's written direction and a supporting affidavit, though not against an infant or incompetent person.
What has to be in the affidavit supporting a prothonotary default judgment?
Rule 55(b)(1) requires the affidavit to state that the defendant isn't an infant or incompetent person, that the defendant has defaulted in appearance, and that the amount shown in the accompanying statement is justly due and unpaid.
If the defendant already appeared in my case, can I still get a quick default judgment?
Not from the prothonotary directly. Rule 55(b)(2) requires that a defendant who has appeared be served written notice of the application for judgment at least 3 days before the hearing, and the application goes to the Court.
How do I set aside a default judgment entered against me in Delaware?
Rule 55(c) allows the Court to set aside a default judgment in accordance with the standard set out in Rule 60(b).
Do default judgments work differently for judgments by confession?
Yes. Rule 55(b)(bb3) directs that judgments for want of appearance in actions for judgment by confession follow the separate procedures in Rules 58.1, 58.2, and 58.3.