Rule 55.Default and judgment

Group 7: Judgment · Last amended July 22, 2025 · Last verified July 13, 2026

In one sentenceRule 55 lets a party obtain an entry of default against an opponent who has failed to appear, plead, or otherwise defend, then move for a default judgment, while requiring notice to any party who has already appeared and leaving a path to undo the default for good cause.

Full Text of Rule 55

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

(a) Entry of default.

(1) Motion. When a party against whom a judgment for affirmative relief is sought has failed to appear, plead, or otherwise defend as provided by these rules and that fact is made to appear by motion and affidavit, a motion for default may be made.

(2) Pleading after default. Any party may respond to any pleading or otherwise defend at any time before a motion for default and supporting affidavit is filed, whether the party previously has appeared or not. If the party has appeared before the motion is filed, the party may respond to the pleading or otherwise defend at any time before the hearing on the motion. If the party has not appeared before the motion is filed the party may not respond to the pleading nor otherwise defend without leave of court. Any appearances for any purpose in the action shall be for all purposes under this rule 55.

(3) Notice. Any party who has appeared in the action for any purpose shall be served with a written notice of motion for default and the supporting affidavit at least 5 days before the hearing on the motion. Any party who has not appeared before the motion for default and supporting affidavit are filed is not entitled to a notice of the motion, except as provided in rule 55(f).

(4) Venue. A motion for default shall include a statement of the basis for venue in the action. A default shall not be entered if it clearly appears to the court from the papers on file that the action was brought in an improper county.

(b) Entry of default judgment. As limited in rule 54(c), judgment after default may be entered as follows, if proof of service is on file as required by subsection (b)(4):

(1) When amount certain. When the claim against a party, whose default has been entered under section (a), is for a sum certain or for a sum which can by computation be made certain, the court upon motion and affidavit of the amount due shall enter judgment for that amount and costs against the party in default, if the party is not an infant or incompetent person. No judgment by default shall be entered against an infant or incompetent person unless represented by a general guardian or guardian ad litem. Findings of fact and conclusions of law are not necessary under this subsection even though reasonable attorney fees are requested and allowed.

(2) When amount uncertain. 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 as are deemed necessary or, when required by statute, shall have such matters resolved by a jury. Findings of fact and conclusions of law are required under this subsection.

(3) When service by publication or mail. In an action where the service of the summons was by publication, or by mail under rule 4(d)(4), the plaintiff, upon the expiration of the time for answering, may, upon proof of service, apply for judgment. The court must thereupon require proof of the demand mentioned in the complaint, and must require the plaintiff or the plaintiff’s agent to be examined on oath respecting any payments that have been made to the plaintiff, or to anyone for the plaintiff’s use on account of such demand, and may render judgment for the amount which the plaintiff is entitled to recover, or for such other relief the plaintiff may be entitled to.

(4) Costs and proof of service. Costs shall not be awarded and default judgment shall not be rendered unless proof of service is on file with the court.

(1) Generally. For good cause shown and upon such terms as the court deems just, 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).

(2) When venue is improper. A default judgment entered in a county of improper venue is valid but will on motion be vacated for irregularity pursuant to rule 60(b)(1). A party who procures the entry of the judgment, shall in the vacation proceedings, be required to pay to the party seeking vacation the costs and reasonable attorney fees incurred by the party in seeking vacation if the party procuring the judgment could have determined the county of proper venue with reasonable diligence. This subsection does not apply if either (a) the parties stipulate in writing to venue after commencement of the action, or (b) the defendant has appeared, has been given written notice of the motion for an order of default, and does not object to venue before the entry of the default order.

(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) Judgment against state. [Reserved.]

(f) How made after elapse of year.

(1) Notice. When more than 1 year has elapsed after service of summons with no appearance being made, the court shall not sign an order of default or enter a judgment until a notice of the time and place of the application for the order or judgment is served on the party in default, not less than 10 days prior to the entry. Proof by affidavit of the service of the notice shall be filed before entry of the judgment.

(2) Service. Service of notice of the time and place on the application for the order of default or default judgment shall be made as follows:

(A) by service upon the attorney of record;

(B) if there is no attorney of record, then by service upon the defendant by certified mail with return receipt of said service to be attached to the affidavit in support of the application; or

(D) If service of notice cannot be made under subsections (A) and (C), the notice may be given by publication in a newspaper of general circulation in the county in which the action is pending for one publication, and by mailing a copy to the last known address of each defendant. Both the publication and mailing shall be done 10 days prior to the hearing.

End

Amendment History

Adopted May 5, 1967, effective July 1, 1967; amended June 13, 1977, effective July 1, 1977; amended, adopted July 20, 1978, effective Sept. 1, 1978, amended, adopted Dec. 2, 1980, effective Jan. 1, 1981; amended, effective April 28, 2015; amended July 2, 2025, effective July 22, 2025.

Plain-English Summary

Default under Rule 55 works in two steps. First comes the entry of default itself: a party seeking relief shows, by motion and affidavit, that the opposing party never appeared, pleaded, or defended. Only after that entry can the party ask for a default judgment. The rule keeps those steps distinct so a court is not asked to award relief before the record establishes that the defaulting party truly sat out the case.

Notice depends on whether the other side has shown up. Once a party has appeared for any purpose — a phone call to the clerk about a hearing date counts for the rest of the case under this rule — that party is entitled to written notice of a default motion at least 5 days before the hearing. A party that never appeared before the motion and affidavit are filed gets no such notice, with one major exception: once more than a year has passed since the summons was served and still no one has appeared, the court cannot sign a default order or judgment until notice of the time and place goes out at least 10 days ahead, served on the attorney of record, on the defendant directly, or, if neither is possible, by publication paired with mailing to the last known address.

How the judgment gets entered depends on whether the amount owed is fixed. When the claim is for a sum certain or one that arithmetic alone can pin down, the court can enter judgment for that amount plus costs on the strength of the motion and affidavit alone, and it need not write findings of fact or conclusions of law even when attorney fees are part of the request. When damages or some other matter has to be worked out through evidence, the court holds a hearing (or, when a statute requires it, empanels a jury) and must issue findings and conclusions. In every case, costs cannot be awarded and the judgment cannot be entered unless proof of service is already on file.

A default is not the end of the story. The court can set aside an entry of default, or vacate a default judgment already entered, for good cause under Rule 60(b). Judgments entered in the wrong county carry their own remedy: they remain valid but a court will vacate them for irregularity under Rule 60(b)(1), and the party who obtained the judgment may have to cover the other side's costs and attorney fees for the vacation proceedings if that party could have found the correct county with reasonable diligence.

Frequently Asked Questions

What is the difference between an entry of default and a default judgment?

Entry of default is the court's acknowledgment, based on motion and affidavit, that a party never appeared, pleaded, or defended. A default judgment is the actual award of relief that follows, and Rule 55(b) requires the entry of default to happen first.

How much notice do I have to give before moving for a default?

If the other party has appeared in the case for any purpose, Rule 55(a)(3) requires written notice of the default motion and supporting affidavit at least 5 days before the hearing. A party that never appeared before the motion is filed is not entitled to that notice, unless the 1-year rule in Rule 55(f) applies.

Can a defendant still respond after a default motion has been filed?

If the defendant already appeared before the motion was filed, yes — that party may respond or otherwise defend any time before the hearing on the motion. A defendant who had not appeared before the motion and affidavit were filed needs leave of court to respond.

Does the court need to hold a hearing before entering a default judgment?

Not necessarily. When the claim is for a sum certain or an amount fixed by simple computation, the court can enter judgment on the motion and affidavit alone. A hearing, and findings of fact and conclusions of law, are required only when the amount or some other matter has to be established through evidence.

Can a default judgment be undone?

Yes. Rule 55(c) allows the court to set aside an entry of default, or vacate a default judgment, for good cause shown, applying the standards in Rule 60(b).

What happens if a default judgment was entered in the wrong county?

The judgment is valid but subject to vacation for irregularity under Rule 60(b)(1). If the party who obtained it could have identified the correct county with reasonable diligence, that party may owe the costs and attorney fees the other side spent seeking vacation — unless the parties stipulated to venue in writing or the defendant appeared, was given notice of the default motion, and never objected to venue before the default was entered.

What if more than a year has passed since the summons was served and no one has appeared?

Rule 55(f) requires notice of the time and place of the default application at least 10 days before the court signs an order or enters judgment, served on the attorney of record, on the defendant by certified mail or personal service, or, if none of those work, by newspaper publication paired with mailing to the last known address.

Source & verification. Rule text and amendment history are reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the Supreme Court of Washington. Last verified July 13, 2026. · Official source

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