Rule 2.603.Default and Default Judgment

Once a party fails to plead or otherwise defend, the clerk enters that party's default as soon as the failure is known to the clerk or verified in a request for default; notice of the entry goes to every party who has appeared and to the defaulted party itself, and once a default is entered, the defaulted party can't take further steps in the case until the default is set aside. Getting to a default judgment from there splits into two tracks. The clerk can sign a default judgment directly, without a motion, only for a sum-certain claim against a defendant who isn't a minor or incompetent, defaulted for failing to appear, and only up to the amount the complaint demanded. Everything else needs a motion asking the court to enter the default judgment, which can require a hearing to take an accounting, determine damages, or establish disputed facts, with the parties still entitled to a jury on those issues to the extent the constitution requires it. Notice of the request for a default judgment, at least 7 days before it enters, is generally required only if the defaulted party has appeared in the action, the relief sought differs in kind or exceeds the amount stated in the pleadings, or the pleadings never stated a specific amount — not on the sole basis that the defendant never appeared; a defaulted party who never appeared and against whom the clerk can enter judgment directly (a sum-certain claim, for the amount pleaded) generally gets no advance notice of the request, though notice of the default itself and a copy of the default judgment must still be sent. Separately, whenever the defendant has failed to appear, a required nonmilitary affidavit must be filed before judgment enters.

Undoing a default or a default judgment takes more than asking. Apart from a challenge based on lack of jurisdiction over the defendant, the motion has to show good cause and a verified statement of facts establishing a meritorious defense. Timing is tight if the defendant was personally served: the motion has to come before a default judgment is even entered, or within 21 days after it is. An order setting aside a default has to be conditioned on the defaulted party paying the taxable costs the other side incurred relying on the default, and the court can add other conditions too, including a reasonable attorney fee.