Rule 55.Default; Default Judgment

Last amended December 1, 2015 · Last verified June 30, 2026

In one sentenceRule 55 governs default: when a party fails to plead or otherwise defend, the clerk enters a default; the plaintiff may then obtain a default judgment from the clerk for a sum certain or from the court, and the court may set aside a default for good cause.

Full Text of Rule 55

Text sizeJump to: (a) (b) (c) (d)

(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.

(b) Entering a Default Judgment.

(1) By the Clerk. If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk— on the plaintiff's request, with an affidavit showing the amount due—must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.

(2) By the Court. In all other cases, the party must apply to the court for a default judgment. A default judgment may be entered against a minor or incompetent person only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing. The court may conduct hearings or make referrals—preserving any federal statutory right to a jury trial—when, to enter or effectuate judgment, it needs to:

(A) conduct an accounting;

(B) determine the amount of damages;

(D) investigate any other matter.

(c) Setting Aside a Default or a Default Judgment. The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b).

(d) Judgment Against the United States. A default judgment may be entered against the United States, its officers, or its agencies only if the claimant establishes a claim or right to relief by evidence that satisfies the court.

End

Amendment History

(Amended March 2, 1987, effective August 1, 1987; April 30, 2007, effective December 1, 2007; March 26, 2009, effective December 1, 2009; April 29, 2015, effective December 1, 2015.)

Plain-English Summary

Rule 55 is a two-step process for a party that does not respond. First comes entry of default: when a party against whom affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk enters the party’s default on the record.

Second comes the default judgment. If the claim is for a sum certain and the defendant has not appeared, the clerk may enter judgment for that amount; otherwise the plaintiff must apply to the court, which may conduct hearings to determine damages or establish the truth of allegations. The rule gives special protection to minors, incompetent persons, and the United States. A court may set aside an entry of default for good cause, and may set aside a default judgment under the standards of Rule 60(b).

Frequently Asked Questions

What is a default judgment?

A judgment entered against a party that failed to plead or defend, after the clerk first enters a default (Rule 55).

Can a default be set aside?

Yes. A court may set aside an entry of default for good cause, and may set aside a default judgment under Rule 60(b) (Rule 55(c)).

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 55), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 55Fed. R. Civ. P. 55default judgmententry of defaultsetting aside default