Rule 140 - Entry of Default Judgmenta.When a default judgment may be entered. A default judgment may be entered against a party who was served with a complaint, counterclaim, cross-claim, or third-party complaint, and who failed to file an answer or otherwise respond within the time allowed by these rules. [ARCP 55(a), (d)] b.Application for entry of default. A party seeking a default judgment must first file an application that the court enter a default against the party who failed to answer. The application must inform the party against whom default is sought of the party's failure to file an answer or otherwise respond within the time allowed by these rules. The application must further inform the party against whom default is sought, with either bold or enlarged font, that unless an answer or response is filed within ten (10) days from the filing of the application, the default will become effective and the entry of a default judgment will be requested. A default is entered against the party who has failed to respond when the application for entry of default is filed with the court. [ARCP 55(a)] c.Serving the application. The party who files an application for entry of default with the court must serve a copy of the application on the party claimed to be in default, as follows: (1) If the address of the party claimed to be in default is known, the application must be mailed to that address.(2) If the current address of the party claimed to be in default is unknown, the application must be mailed to the party's last known address.(3) If the party claimed to be in default has no known address, or the party has been served by alternative service or by publication, the party requesting the entry of default must state this in the application.(4) If the party who files the application knows that the party claimed to be in default is represented by an attorney concerning this lawsuit, the application must also be mailed to that attorney, whether or not the attorney has formally appeared in the lawsuit. A party filing an application for entry of default must also serve the application on the other parties in the lawsuit as provided by Rule 120. [ARCP 55(a)] d.Answer or response. If the party claimed to be in default files with the court a written answer or other response within ten (10) days after the application was filed pursuant to section (b) of this rule, the default does not become effective, and the court may not enter a default judgment against that party. The ten (10) day period begins the day after the application is filed with the court; the ten (10) day period does not include Saturdays, Sundays, or holidays, and no additional time is added for service by mail. [ARCP 55(a)] e.Request for entry of a default judgment without a hearing. After the ten (10) day period described above, the party who filed the application for entry of default may file a request for entry of a default judgment without a hearing. A party may request the entry of a default judgment without a hearing if the party's claim is for a specific amount, or if the claim is for an amount that can be determined by a mathematical calculation. The party requesting the entry of a default judgment without a hearing must attach to the request for entry of a default judgment without a hearing a supporting affidavit concerning the claimed amount, along with attachments that prove the amount of the claim. A request for entry of a default judgment without a hearing may include a request for an award of reasonable attorneys' fees if:
(i) the complaint requested attorneys' fees; (ii) an award of attorneys' fees is allowed by law and the legal basis is specified in the request; (iii) the request includes a separate affidavit with supporting exhibits concerning the amount of the fees; and (iv) if the fee request is based on a written contract, the contract is submitted with the request. A request for the entry of a default judgment without a hearing may also include a request for an award of court costs by attaching to the request a verified statement of costs. Any requests for attorneys' fees or costs must be filed at the same time as the request for entry of a default judgment. A request for entry of a default judgment, with all of the attachments to the request, must be served upon the party claimed to be in default as provided in section (c) of this rule. A party filing a request for entry of a default judgment must also serve the request and attachments on the other parties in the lawsuit as provided by Rule 120.
Even though the requirements of this paragraph may be met, the court may decline a request for entry of a default judgment and may instead set the matter for a default hearing. The court will not enter a default judgment against a minor child or an incompetent person, or against a party who was served by publication, without a hearing. [ARCP 55(b)(1)]
f.Default judgment hearing. If the party who filed an application for entry of default has a claim that is not for a specific amount, or if the amount of the claim cannot be determined by a mathematical calculation, then ten (10) days after the application for entry of default was filed, the party may file a request that the court set a default hearing to determine the terms of the judgment. The court may also set a matter for a default hearing on its own initiative following proper notice to the parties. The party requesting the hearing must serve the party against whom judgment will be entered, if that party has a known address, and the party's attorney, if any, with a written notice of the hearing at least three (3) days before the default hearing date. The party against whom judgment will be entered or that party's attorney may participate if that party or that party's attorney appears at the default hearing. A notice of hearing must also be served on other parties in the lawsuit as provided by Rule 120.
The court may receive evidence at a default hearing, and the court must provide a jury trial when the law requires one. The court may enter a default judgment against a minor child or an incompetent person only if that child or person was represented at the hearing by a guardian or by legal counsel.
A default judgment entered at a hearing may include an award of attorneys' fees and costs when established in the manner provided in section (e) of this rule. Any request for attorneys' fees or costs must be filed at the same time as the request for a default hearing. [ARCP 55(b)(2)]
g.Form of default judgment. A default judgment may be prepared by the court or it may be prepared by a party and submitted to the court for signature. A party may submit a proposed default judgment at the time a request for entry of a default judgment without a hearing is filed, or at the time of a default hearing. A party who prepares and submits a proposed default judgment must also provide the court with stamped envelopes addressed to each party who has appeared in the lawsuit and to the party or parties in default, in order for the court to mail copies of the default judgment after it is signed by the judge. [ARCP 58(a), (d)] h. Default judgment against the State. A default judgment will be entered against the State or an officer or agency of the State only if the party requesting the default judgment proves the party's claim by satisfactory evidence. [ARCP 55(e)] i.Default judgment after service by publication. A default judgment may be entered against a party who was served by publication only if a verbatim record of the default proceeding is made and maintained by the court. [ARCP 55(f)] j.Setting aside a default or a default judgment. If the party claimed to be in default files a written answer after the ten (10) day period described in section (d), but before the filing of a request for entry of a default judgment without a hearing or a request for default judgment hearing, the court for a good reason provided by the answering party, or the court on its own initiative, may set aside the default and allow the lawsuit to proceed as if the answer was timely, subject to an opportunity of the plaintiff to object. If the default is not set aside as provided in this section, judgment may only be entered after a default judgment hearing. A default judgment that has been entered may be set aside by a motion as provided in Rule 141(c). [ARCP 55(c)] Just. Ct. R. Civ. proc. 140
Adopted Aug. 30, 2012, effective 1/1/2013.