Rule 55.Default; default judgment

Title VII: Judgment · Last amended September 9, 2016 · Last verified July 14, 2026

In one sentenceRule 55 tells a court when to enter a default against a party who has failed to plead or defend, how to obtain a default judgment for either a sum-certain claim or any other type of claim, and when a default or a default judgment can later be set aside.

Full Text of Rule 55

Text sizeJump to: (a) (b) (c) (d)

(a) Entering a default.

(1) In general. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the court must order entry of the party's default. If a party has appeared in the action, that party must be served with 3 days' written notice of the application for entry of default before default may be entered.

(2) Time limitation.

(A) In general. Default may not be entered, and proof of default may not be presented, before the expiration of the time allowed by these rules for appearance or defense.

(B) Shortened time. Default may be entered earlier if (1) the party required to make the appearance or defense states in a written waiver under oath that the party waives the permitted time for appearance or defense, refuses to plead further, and consents to the immediate hearing of a default proceeding without further notice, and (2) the court enters an order shortening the time for appearance or defense by such party for good cause shown by the affidavit or testimony of the moving party. Upon compliance with this rule, default may be entered, a default proceeding held and judgment by default entered without notice to the defaulting party as though the time for an appearance or defense had expired.

(3) Uncontested trial is not a default. This rule does not prevent trial of an action if a responsive pleading has been filed even if the defendant does not participate in the trial or oppose the claim. A trial in this circumstance is not a default hearing.

(b) Entering a default judgment.

(1) For sum certain. If a claim is for a sum certain or a sum that can be made certain by computation, the court, on the claimant's request, with an affidavit showing the amount due, must order judgment for that amount and costs against the party who has been defaulted for not appearing and who is neither a minor nor an incompetent person and has been personally served, other than by publication or personal service outside of this state. The affidavit must show the method of computation, together with any original instrument evidencing the claim unless otherwise permitted by the court. An application for a default judgment must also contain written certification of the name of the party against whom judgment is requested and the address most likely to give the defendant notice of the default judgment. The clerk must use this address in giving the party notice of judgment.

(2) Other cases. 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 represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 3 days before the hearing. The court may conduct hearings or make referrals when, to enter or effectuate judgment, it needs to:

(A) conduct an accounting;

(B) determine the amount of damages;

(D) investigate any other matter.

(3) Name and address of defaulting party. Any application for a default judgment must contain written certification of the name of the party against whom the judgment is requested and the address most likely to give the party notice of default judgment. The clerk must use the address provided in giving the party notice of judgment.

(c) Setting aside default or default judgment. The court may set aside an entry of default for good cause, and it may set aside a default judgment under Rule 60(b).

(d) Default judgment against the State. A default judgment may be entered against the State of Idaho, its officers, its agencies, or its political subdivisions only if the claimant establishes a claim or right to relief by evidence that satisfies the court.

End

Amendment History

(Adopted March 1, 2016, effective July 1, 2016; amended September 9, 2016, effective September 9, 2016.)

Plain-English Summary

Rule 55 works in two steps. First, entry of default: once an affidavit or other proof shows that a party has not pleaded or otherwise defended, the court must order the default entered. If that party has already appeared in the case in some way, it is entitled to three days' written notice before default goes in. Default cannot be entered before the deadline for a response has expired, though a party can waive that time in writing under oath and consent to an immediate default proceeding, letting the court shorten the clock for good cause. And filing an answer does not guarantee a trial the defendant has to show up for — if the defendant answers but then skips the trial or does not contest the claim, that is an uncontested trial, not a default.

Second, the default judgment itself splits along a similar line. When the claim is for a sum certain, or an amount a computation can pin down, the court enters judgment for that amount and costs based on the claimant's affidavit showing the math, plus a required certification of the defaulting party's name and best-known address for notice — no separate hearing needed, as long as that party is not a minor or incompetent person and was personally served. Every other kind of claim requires the party to apply to the court, which can hold a hearing or refer the matter out to work through an accounting, calculate damages, verify factual allegations, or investigate other open questions; a party who has appeared gets three days' notice of that hearing, and a default judgment against a minor or incompetent person requires a general guardian, conservator, or similar fiduciary to have appeared on their behalf. Either a default or a default judgment can be undone later — an entry of default for good cause shown, a default judgment under the broader standards of Rule 60(b). And a default judgment against the State of Idaho, its officers, agencies, or subdivisions requires more than a default: the claimant still has to satisfy the court with actual evidence establishing the claim or right to relief.

Frequently Asked Questions

What has to happen before a court will enter a default against a defendant?

An affidavit or other proof has to show that the defendant failed to plead or otherwise defend the case. If the defendant has already appeared in some form, the court cannot enter default until that defendant gets three days' written notice of the request.

What's the difference between a "sum certain" default judgment and other default judgments?

A sum-certain claim — one where the amount owed is fixed or can be calculated — lets the court enter judgment directly from the claimant's affidavit showing the computation, without a hearing, as long as the defaulting party is not a minor or incompetent and was personally served. Any other type of claim requires the party to apply to the court, which may hold a hearing to determine damages, verify allegations, or handle an accounting before entering judgment.

Can a default judgment be entered against a minor or someone who is incompetent?

Only if a general guardian, conservator, or similar fiduciary has appeared to represent that person's interests. Rule 55(b)(2) does not allow a default judgment against a minor or incompetent person who has no such representative in the case.

How do I get a default or a default judgment set aside?

An entry of default can be set aside for good cause shown. A default judgment requires meeting the standards of Rule 60(b), which covers grounds like mistake, excusable neglect, newly discovered evidence, or fraud.

Can I get a default judgment against the State of Idaho?

Yes, but not on the strength of the default alone. Rule 55(d) requires the claimant to establish the claim or right to relief with evidence that satisfies the court before a default judgment can be entered against the State, its officers, agencies, or political subdivisions.

Source & verification. Rule text are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the Supreme Court of Idaho. Last verified July 14, 2026. · Official source

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