Rule 301.Entering a Default

Rule 301 is the first of three default rules: entering the default, entering the judgment, and setting either aside.

Entry

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 court must order entry of the default. It is mandatory once the showing is made.

One protection attaches: if the party has appeared in the action, that party must be served with 3 days written notice of the application before default may be entered. A party who showed up, even without answering, gets warning.

Timing

Default may not be entered, and proof of default may not be presented, before the time for appearance or defense has expired.

It can be accelerated, but only on two conditions together: the party owing the appearance signs a written waiver under oath waiving the time, refusing to plead further, and consenting to immediate hearing without further notice; and the court enters an order shortening the time for good cause shown by the moving party's affidavit or testimony. Then default, a default proceeding and judgment may follow without notice — subject to Idaho Code section 32-716, the statutory waiting period in divorce.

Not every unopposed trial is a default

Section (c) draws a line worth knowing. Where a responsive pleading has been filed, this rule does not prevent a trial even if the responding party does not participate or oppose the claim — and that trial is not a default hearing.

The distinction matters because a default and an uncontested trial produce different records and different routes to relief afterward. A party who answered and then stopped appearing has not defaulted; the case is tried, and Rule 804 or 805 governs any later challenge, not Rule 303.