Ch. VII: Judgment · Current through June 1, 2026 · Last verified September 9, 2026
In one sentenceRule 55 allows a default judgment where a party has failed to appear, plead or otherwise defend — and points to Rule 60(b) for setting one aside.
(a)Judgment. When a party against whom a judgment for affirmative relief is sought has failed to appear, plead or otherwise defend as provided by these Rules, and that fact is made to appear, judgment by default may be entered. A party entitled to a judgment by default shall apply to the Court therefor or the Court on its own motion may order a judgment by default when the interest of justice so requires; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a guardian, trustee or other representative. If the party against whom judgment by default is sought has appeared in the action, that party (or, if appearing by representative, the representative) shall be served with written notice of the application for judgment at least 3 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.
(b)Setting Aside Default Judgment. The Court may set aside a judgment by default in accordance with Rule 60(b).
(c)Petitioners, Counterclaimants and Cross-Claimants. The provisions of this Rule apply whether the party entitled to the judgment by default is a petitioner, a third-party petitioner or a party who has pleaded a cross-claim or counterclaim.
End
Plain-English Summary
When. Where a party against whom affirmative relief is sought has failed to appear, plead or otherwise defend as these rules provide, judgment by default may be entered on the terms the rule sets out.
Undoing it. The court may set aside a default judgment in accordance with Rule 60(b). Delaware does not give default judgments their own vacatur standard; the ordinary grounds for relief from a judgment — mistake, inadvertence, excusable neglect and the rest — are the grounds here too.
Both directions. The rule applies whether the party entitled to the default judgment is a petitioner, a counterclaimant or a cross-claimant. Default is not something that only happens to respondents.
Worth reading alongside Rule 8(b): in cases where support, parentage or protection from abuse is the sole issue, no answer is required at all, so failing to file one cannot be the failure that produces a default.
Frequently Asked Questions
When can a default judgment be entered in the Delaware Family Court?
Where a party against whom a judgment for affirmative relief is sought has failed to appear, plead or otherwise defend as provided by these rules.
How do I set aside a default judgment?
The court may set one aside in accordance with Rule 60(b).
Can a petitioner be defaulted?
The rule applies whether the party entitled to the default judgment is a petitioner, a counterclaimant or a cross-claimant.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 55), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. ·
Official source
Also known as:default judgment Delaware Family Courtset aside default DelawareFam. Ct. Civ. R. 55