As amended through January 31, 2024
Rule 55 - [Effective 1/1/2025] Default(a)Entering a default. 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 clerk shall enter the party's default.(b)Entering a default judgment.(1)By the clerk. If the plaintiff's claim is for a sum certain or for a sum that can be made certain by computation, the clerk-on the plaintiff's request, with an affidavit showing the amount due shall enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.(2)By the court. In all other cases, the party shall apply to the court for a default judgment. A default judgment shall 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 shall be served with written notice of the application at least 7 days before the hearing. The court may conduct hearings or make referrals preserving any right to a jury trial-when, to enter or effectuate judgment, it needs to: (A) conduct an accounting;(B) determine the amount of damages;(C) establish the truth of any allegation by evidence; or(D) investigate any other matter.(c)Setting aside a default or a default judgment. The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b).(d) Entry of judgment. The provisions of Rule 58 apply to default judgments.Amended by order adopted February 19, 1998, effective 4/6/1998; Amended effective 1/1/2025.