(a) Omitted.
Rule 55.Default judgments
Part VII: Judgment · Last amended November 12, 1997 · Last verified July 28, 2026
In one sentenceRule 55 lets the prothonotary enter default judgment directly for a claim of a sum certain once a defendant fails to appear, sends every other default judgment to the Court with three days' notice where the defendant appeared, and lets the Court set one aside under Rule 60(b).
Full Text of Rule 55
(b) Judgment. Except as otherwise provided in paragraph (bb1), (bb2) and (bb3) of this Rule, 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 as follows:
(1) By the Prothonotary. When the plaintiff’s claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the Prothonotary upon written direction of the plaintiff and upon affidavit of the amount due shall enter judgment for that amount and costs against the defendant, if the defendant has failed to appear in accordance with these Rules unless the defendant is an infant or incompetent person. When a party is entitled to have the Prothonotary enter judgment by default pursuant to this paragraph, the party shall submit with the party’s direction to the Prothonotary to enter judgment a statement showing the principal amount due, which shall not exceed the amount demanded in the complaint, giving credit for any payments and showing the amounts and dates thereof, and a computation of interest to the date of judgment, to which statement shall be appended an affidavit of the party or the party’s attorney stating: (1) That the party against whom judgment is sought is not an infant or an incompetent person; (2) that the party has made default in appearance in the action; and (3) that the amount shown by the statement is justly due and owing and that no part thereof has been paid. The Prothonotary shall thereupon enter judgment for principal, interest and costs.
(2) By the Court. In all other cases, the 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 guardian, trustee or other representative. 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 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 and shall accord a right of trial by jury to the parties when and as required by any statute. (bb1) Judgments for want of appearance in actions begun by capias. Judgments for want of appearance shall be given as provided by statute. (bb2) Judgments in appeals under Rule 3(c). When an appellee having the duty of serving the complaint or other first pleading fails to do so as required by Rule 3(c), judgment shall be entered against appellee for failure to plead. When an appellee having the duty of serving a responsive pleading fails to do so as required by Rule 12(aa4), judgment by default may be entered as provided in paragraph (b) hereof. (bb3) Judgments for want of appearance in actions for judgment by confession. Judgments for want of appearance in actions for judgment by confession shall be given as provided by Rules 58.1, 58.2, and 58.3.
(d) Plaintiffs, counterclaimants and 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.
Amendment History
Amended, effective March 1, 1961; Jan. 1, 1972; Jan. 1, 1991; Nov. 12, 1997.
Plain-English Summary
Rule 55(b) splits default judgments into two tracks. When the plaintiff's claim is for a sum certain, or a sum a computation can make certain, and the defendant has failed to appear, the prothonotary enters judgment directly on the plaintiff's written direction and an affidavit of the amount due. That submission has to include a statement of the principal due (capped at what the complaint demanded), credit for any payments received, and a computation of interest, backed by an affidavit confirming the defendant isn't an infant or incompetent person, that the defendant has defaulted in appearance, and that the stated amount is justly owed and unpaid. The prothonotary then enters judgment for principal, interest, and costs. This track isn't available against an infant or incompetent person.
Every other default judgment goes to the Court instead. If the defendant has appeared in the action, that defendant must be served written notice of the application for judgment at least three days before the hearing. No default judgment can be entered against an infant or incompetent person unless a guardian, trustee, or other representative appears for that person in the action. Where the Court needs to take an account, determine damages, establish an averment through evidence, or investigate some other matter before it can enter judgment, it may hold hearings or order references, and it must give the parties a jury trial where a statute requires one.
Rule 55(b) also carves out three special situations governed elsewhere: judgments for want of appearance in actions begun by capias follow the applicable statute; judgments in appeals under Rule 3(c) turn on whether the appellee failed to serve the first pleading (judgment for failure to plead) or a responsive pleading under Rule 12(aa4) (ordinary default judgment); and judgments for want of appearance in confession-of-judgment actions follow Rules 58.1, 58.2, and 58.3. Rule 55(c) lets the Court set aside a default judgment under the standard in Rule 60(b), and Rule 55(d) makes the whole rule apply equally whether the party seeking the default judgment is a plaintiff, a third-party plaintiff, a counterclaimant, or a cross-claimant.
Frequently Asked Questions
Can the prothonotary enter a default judgment without going through a judge?
Yes, when the plaintiff's claim is for a sum certain or a sum a computation can make certain and the defendant has failed to appear. Rule 55(b)(1) lets the prothonotary enter judgment on the plaintiff's written direction and a supporting affidavit, though not against an infant or incompetent person.
What has to be in the affidavit supporting a prothonotary default judgment?
Rule 55(b)(1) requires the affidavit to state that the defendant isn't an infant or incompetent person, that the defendant has defaulted in appearance, and that the amount shown in the accompanying statement is justly due and unpaid.
If the defendant already appeared in my case, can I still get a quick default judgment?
Not from the prothonotary directly. Rule 55(b)(2) requires that a defendant who has appeared be served written notice of the application for judgment at least 3 days before the hearing, and the application goes to the Court.
How do I set aside a default judgment entered against me in Delaware?
Rule 55(c) allows the Court to set aside a default judgment in accordance with the standard set out in Rule 60(b).
Do default judgments work differently for judgments by confession?
Yes. Rule 55(b)(bb3) directs that judgments for want of appearance in actions for judgment by confession follow the separate procedures in Rules 58.1, 58.2, and 58.3.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
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