Rule 1.973.Judgment on default
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.973
Plain-English Summary
Rule 1.973 gives sum-certain claims a shortcut. When the claim is for a sum certain, or an amount that computation can make certain, the clerk makes any necessary computation and, upon an affidavit that the amount is due, enters judgment for that amount plus costs against the defaulting party — no hearing required for that liquidated figure.
Every other default goes to the court instead, on motion of the prevailing party, with notice and an opportunity to respond given to any party who has already appeared. If no judge is holding court in the county, another judge anywhere in the judicial district may make the order, following Rule 1.453. The court may hear evidence or an accounting, or refer the matter to a master, and must do one of those if a party not in default demands it; if a jury was properly demanded under Rule 1.902, the judgment goes to the jury instead.
Frequently Asked Questions
When can the clerk enter a default judgment without a court hearing?
When the claim is for a sum certain, or an amount computation can make certain, and an affidavit is filed showing the amount is due.
What must happen before a default judgment is entered on a claim that is not for a fixed dollar amount?
The prevailing party must move for judgment, with notice and an opportunity to respond given to any party who has already appeared, and the court decides it.
Can a default judgment go to a jury?
Yes. If a party properly demanded a jury trial under Rule 1.902, that demand carries through to the default judgment proceeding.
What if no judge is sitting in the county to sign the default judgment order?
Rule 1.973(2) allows a judge anywhere in the judicial district to make the order, as provided in Rule 1.453.
Must the court hold a hearing before entering a non-sum-certain default judgment?
Not automatically, but the rule requires the court to hear evidence or refer the matter to a master if any party not in default demands it.