(a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter his default.
Rule 55.Default
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 55 lets a party win judgment against an opponent who has failed to plead or defend, but only after the clerk formally notes the default and the court reviews notice, venue, and proof requirements before entering judgment.
Full Text of Rule 55
(b) Judgment.
(1) A party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian, guardian ad litem, conservator, or such other representative who has appeared in the action. If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party's representative) shall be served with written notice of the application for judgment at least 7 days prior to the hearing on such application. 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. However, before judgment is entered, the court shall be satisfied that the venue of the action is proper under Rule 98.
(2) In forcible entry and detainer cases, a court may enter default pursuant to subsection (1) above; however, the court shall not enter a default judgment for possession before the close of business on the date upon which an appearance is due as set forth by C.R.S. 13-40-111(1).
(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 an Officer or Agency of the State of Colorado. No judgment by default shall be entered against an officer or agency of the State of Colorado unless the claimant establishes his claim or right to relief by evidence satisfactory to the court.
(f) Judgment on Substituted Service. In actions where the service of summons was by publication, mail, or personal service out of the state, the plaintiff, upon expiration of the time allowed for answer, may upon proof of service and of the failure to plead or otherwise defend, apply for judgment. The court shall thereupon require proof to be made of the claim and may render judgment subject to the limitations of Rule 54(c).
Amendment History
Amended effective April 1, 1988; January 1, 2012; June 29, 2022.
Plain-English Summary
When a defendant ignores a lawsuit, Rule 55 gives the plaintiff a path to judgment without a trial, but it moves in two distinct steps. First, once an affidavit or other proof shows the opposing party has not answered or otherwise responded, the clerk enters a default — a clerical notation, not a judgment. Second, the party who wants an actual judgment must ask the court for it, and the court, not the clerk, decides whether and how to enter that judgment.
Colorado builds in several checks before a default judgment can stand. A party who has appeared in the case, even informally, is entitled to written notice of the judgment hearing at least 7 days beforehand. Courts cannot default an infant or incompetent person unless a guardian or similar representative has appeared for them, and a judge must confirm that venue is proper under Rule 98 before signing off. Judgments against a state officer or agency require the claimant to prove the claim with evidence the court finds satisfactory, and judgments resting on substituted service (publication, mail, or out-of-state personal service) likewise require proof of the underlying claim rather than an automatic win. In forcible entry and detainer cases, a court may enter default, but it cannot award possession before the close of business on the date the tenant's appearance was due.
A default that has been entered but not yet reduced to judgment can be lifted for good cause; once judgment has been entered, the tougher standard of Rule 60(b) applies. Either way, a default judgment can never award more or different relief than what the pleading demanded.
Frequently Asked Questions
What's the difference between an entry of default and a default judgment?
An entry of default is the clerk's notation that a party failed to plead or defend; it does not by itself grant any relief. A default judgment is the separate order the court signs after the requesting party applies for it, and only the judgment resolves the claim.
Will I get notice before a default judgment is entered against me?
If you have appeared in the case in any way, Rule 55 entitles you to written notice of the hearing on the default judgment application at least 7 days before it happens. If you never appeared, no such notice is required.
Can a default judgment be set aside?
Yes. An entry of default alone can be lifted for good cause. Once a default judgment has been entered, the party seeking relief must instead satisfy the standard for relief from judgment under Rule 60(b).
Are eviction cases treated differently under Rule 55?
In forcible entry and detainer actions, a court may still enter a default, but it cannot enter a default judgment awarding possession until after the close of business on the date the tenant's appearance was due under the applicable statute.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 55). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
Also known as: default judgmententry of defaultfailure to answer complaintclerk's defaultset aside default judgmentdefault against defendant