Last amended April 16, 2012 · Last verified July 6, 2026
In one sentenceRule 55 lets the clerk or the court enter a default against a party who fails to appear or defend, sets different procedures depending on whether the claim is for a fixed sum or requires the court's own judgment, and protects infants, incompetent people, service members, and the state from being defaulted without extra safeguards.
(1)Application for Default. When a party against whom a judgment for affirmative relief is sought has failed to appear and answer or otherwise defend as provided by these rules, and that fact is shown by affidavit or otherwise, the clerk shall enter a default. The party seeking default must serve the application on all parties, including the party against whom the default is sought, in accordance with Civil Rule 5.
(2)When Entry is Made. A party who fails to appear or who appears but fails to answer or otherwise defend may be defaulted by the clerk not less than seven days following service of the application for default.
(1)Failure to Appear. If the defendant has been defaulted for failure to appear and the plaintiff’s claim(s) is for a sum certain or for a sum that can by computation be made certain, upon the filing of an application for default judgment including an affidavit of the amount due which also states that the person against whom judgment is sought is: (i) not an infant or an incompetent person; and (ii) not in the active military service of the United States or, if the plaintiff is unable to determine whether the defendant is in military service, stating that the plaintiff is unable to determine that fact, the clerk shall enter default judgment for the amount due and costs and attorney’s fees against the defendant.
(2)Multiple Parties or Claims. The clerk may not enter a default judgment in a case involving multiple defendants unless all defendants have been defaulted.
(1)In all other cases the party entitled to a default judgment shall apply to the court therefor; but no default judgment shall be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other such representative who has appeared therein. If the party against whom default judgment is sought has appeared in the action, that party (or, if appearing by representative, the party’s representative) shall be served with written notice of the application for judgment at least three days prior to a decision on the application. This written notice requirement and the memorandum requirement of (c)(2) do not apply if the party fails to appear for trial in which case the court may proceed ex parte upon any motion for default or default judgment. 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 or order such references as it deems necessary and proper.
(2)When application is made to the court for a default judgment, counsel shall file a memorandum of the default, showing when and against what parties it was entered and the pleadings to which no defense has been made. The party seeking default must also file an affidavit stating whether the person against whom judgment is sought is in the active military service of the United States or, if the plaintiff is unable to determine whether the defendant is in military service, stating that the plaintiff is unable to determine that fact. If any party against whom default judgment is sought is shown by the record to be an infant or incompetent person, or in the military service of the United States, counsel shall also file a memorandum stating whether or not that person is represented in the action by a general guardian, committee, conservator, attorney or such other representative who has appeared therein. If the party against whom default judgment is sought has appeared in the action or proceeding, the memorandum shall also indicate whether or not the record shows that notice has been served as required by paragraph (1) of this subdivision.
(3)If the amount of damages claimed in an application to the court for default judgment is unliquidated, the applicant may submit evidence by affidavit showing the amount of damages and if, under the provisions of paragraph (1) of this subdivision, notice of the application is necessary, the parties against whom judgment is sought may submit affidavits in opposition.
(4)If the case involves multiple defendants and all defendants have not been defaulted, the court may not enter a default judgment unless the nondefaulting defendant’s defenses would not be available to the defaulting defendant. A default judgment issued under such circumstances is nevertheless subject to Civil Rule 54(b).
(d)Response to Pleading. A party may respond to any pleading at any time before a default is entered.
(e)Setting Aside Default. For good cause shown the court may set aside an entry of default and, if a default judgment has been entered, may likewise set it aside in accordance with Rule 60(b).
(f)Plaintiffs, Counterclaimants, Cross-Claimants. The provisions of this rule apply whether the party entitled to the default judgment is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim. In all cases a default judgment is subject to the limitations of Rule 54(c).
(g)Judgment Against the State. No default judgment shall be entered against the state or an officer or agency thereof unless the claimant establishes the claim or right to relief by evidence satisfactory to the court.
(h)Costs and Attorney Fees. To recover costs and attorney fees, a party entitled to entry of default judgment without the need for further hearing under (c)(1) must include in the application for default judgment (1) an itemized statement of costs incurred in the action and allowable under Civil Rule 79(f), and (2) the party’s actual attorney’s fees. In such case, no cost bill or motion for attorney’s fees is required. Civil Rule 82(b)(4) governs the amount of attorney’s fees that may be awarded in a default case.
(i)Proposed Judgment. An application for default judgment must be accompanied by a proposed judgment in the form required by Civil Rule 58.2.
Amendment History
(Adopted by SCO 5 October 9, 1959; amended by SCO 30 effective February 1, 1961; by SCO 498 effective January 18, 1982; by SCO 554 effective April 4, 1983; by SCO 787 effective March 1, 1987; by SCO 1415 effective October 15, 2000; by SCO 1584 effective October 15, 2005; by SCO 1663 effective April 15, 2009; and by SCO 1771 effective April 16, 2012)
Notes
Note: The affidavit described in subsections (b) and (c) incorporates the requirements of the Servicemembers Civil Relief Act (50 App. U.S.C. § 521), as amended, concerning whether a party is in the military service.
Plain-English Summary
When a party fails to appear, answer, or otherwise defend, and that's shown by affidavit or otherwise, the clerk enters a default once the party seeking it serves an application on everyone, including the party in default; the clerk can make that entry no sooner than seven days after serving the application. If the claim is for a sum certain and the defaulted party isn't an infant, incompetent person, or someone in active military service (or the applicant can't determine military status and says so), the clerk itself can enter a default judgment for the amount due plus costs and fees — but only where every defendant in the case has been defaulted; otherwise the application goes to the court instead.
Applying to the court for a default judgment requires a memorandum explaining when and against whom the default was entered, an affidavit addressing the defaulted party's military-service status, and — if that party has already appeared in the case — proof that written notice of the application went out at least three days before a decision, unless the party failed to show up for trial, in which case the court can proceed without that notice. The court holds whatever hearings are needed to fix damages or verify the claim, and the same safeguards apply whether the party seeking default is a plaintiff, a third-party plaintiff, or a party asserting a counterclaim or cross-claim. No default judgment can be entered against the state or one of its officers or agencies without evidence establishing the claim, and a default judgment against multiple defendants generally requires that all of them be in default (or that the non-defaulting defendants' defenses wouldn't help the defaulting one). A default entered against a party — whether by the clerk or the court — can be set aside for good cause, and a default judgment already entered can be set aside under the same standard used to reopen any other judgment.
Frequently Asked Questions
What happens if I don't respond to a lawsuit filed against me?
The clerk enters a default against you once the other side serves an application, and if the claim is for a fixed dollar amount, the clerk can then enter a default judgment for that amount plus costs and fees.
Can a default judgment be entered against someone in the military?
Not without extra safeguards — the applicant must state whether the defaulted party is in active military service, and special protections apply if they are.
Can I get a default set aside?
Yes, for good cause; an entry of default can be set aside directly, and a default judgment already entered can be reopened under the same standard used for relief from any other judgment.
Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the
official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 55). Prescribed by the Supreme Court of Alaska (Alaska Const. art. IV, § 15). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as:default judgment Alaska civil caseentry of default Alaska rulesetting aside default Alaskadefault against the state AlaskaAlaska R. Civ. P. 55