(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 the party's default.
(b)Judgment. Judgment by default may be entered as follows:
(1)BY THE CLERK. 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 clerk upon request 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 been defaulted for failure to appear and is not an infant or incompetent person.
(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, or other such representative who has appeared therein, and upon whom service may be made under Rule 17. 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.
(c)Setting aside default. For good cause shown the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 60(b).
(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 the state, etc. No judgment by default shall be entered against the State or a county, or an officer or agency of the State or a county, unless the claimant establishes a claim or right to relief by evidence satisfactory to the court.
Amendment History
Amended December 7, 1999, effective January 1, 2000
Plain-English Summary
Once it's shown by affidavit or otherwise that a party has failed to plead or defend as these rules require, the clerk enters that party's default. From there, the clerk itself can enter judgment, without a court hearing, only when the claim is for a sum certain or one made certain by simple computation, the defaulted party isn't an infant or incompetent person, and the plaintiff supports the request with an affidavit of the amount due; every other default judgment requires an application to the court. Default judgment against an infant or incompetent person requires that the person be represented by an appearing guardian or representative served under Rule 17, and a party who has already appeared in the case gets at least 3 days' written notice before a hearing on the default judgment application. Where entering or enforcing the judgment requires taking an account, determining damages, proving an averment, or investigating some other matter, the court can hold hearings or order references as needed, and must give a jury trial where a statute requires one.
For good cause, the court can set aside an entry of default, and, once a default judgment has been entered, can set that aside too under the standards in Rule 60(b). These procedures apply equally whether the party seeking the default judgment is a plaintiff, a third-party plaintiff, or a party who pleaded a cross-claim or counterclaim, and every default judgment remains subject to the limits on relief set out in Rule 54(c). Default judgment against the State, a county, or one of their officers or agencies is barred entirely unless the claimant proves the claim or right to relief with evidence the court finds satisfactory.
Frequently Asked Questions
When can the clerk enter a default judgment without a court hearing?
Only when the claim is for a sum certain or a sum made certain by computation, the defaulted party isn't an infant or incompetent person, and the plaintiff submits an affidavit of the amount due; every other case requires an application to the court.
Can a default judgment be entered against a child or an incompetent person?
Only if that person is represented in the action by an appearing guardian or other representative served under Rule 17.
Can a default judgment be set aside later?
Yes. Rule 55(c) lets the court set aside an entry of default for good cause, and set aside an already-entered default judgment under the standards in Rule 60(b).
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 55). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:entry of defaultdefault judgmentsetting aside a default