Rule 55-III.Vacating Default or Default Judgment by Consent

Rule 55-III gives parties who agree that a default should be undone a way to skip a contested motion. If the claimant and the defaulted party — or their attorneys — sign and file a praecipe asking the clerk to vacate a default or default judgment, and the filing shows it was served on every party that has appeared, the clerk can vacate it within 60 days after the default was entered. When Rule 55(c) requires a verified answer as a condition of setting aside a default, that answer must accompany the praecipe.

The official Comment describes this as an alternative to the Rule 55(c) motion route, available for a default entered on any type of claim — whether it appears in a complaint, a counterclaim, a cross-claim, or a third-party claim. Because both sides agree, there is no need for the court to evaluate good cause or weigh a proposed defense; the clerk acts on the parties' joint request within the 60-day window.

The consent procedure in Rule 55-III sits alongside two other paths for undoing a default: a motion to the court under Rule 55(c) showing good cause and a meritorious defense, and, for a final default judgment, a motion under Rule 60(b). Rule 55-III is narrower than either — it works only when both sides agree and only within 60 days — but it avoids the time and expense of a contested hearing when there is nothing left to argue about.