(A) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise comply with these rules and that fact is made to appear by affidavit or otherwise, the party may be defaulted by the court.
Rule 55.Default
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceTrial Rule 55 lays out Indiana’s two-step default process — entry of default, then a separate default judgment — along with the notice, guardianship, and military-service protections that apply, how to get a default set aside, and confirmation that governmental defendants are not exempt.
Full Text of Rule 55
(B) Default judgment. In all cases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against a person (1) known to be an infant or incom- petent unless represented in the action by a general guardian, committee, conservator, or other such representative who has appeared therein; or (2) entitled to the protections against default judgments provided by the Servicemembers Civil Relief Act, as amended (the “Act”), 50 U.S.C. appx. § 521, unless the requirements of the Act have been complied with. See Ind. Small Claims Rule 10(B)(3). If the party against whom judgment by default is sought has appeared in the action, he (or, if appearing by a representative, his representative) shall be served with written notice of the application for judgment at least three [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 mat- ter, the court may conduct such hearing 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.
(D) Plaintiff, 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 governmental organizations. A judgment by default may be entered against a governmental organization.
Amendment History
This rule’s current text took effect January 1, 2011. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Trial Rule 55 splits the default process into two distinct steps. First, under section A, a court can enter a default against a party who has failed to plead or otherwise comply with the rules once that failure is shown by affidavit or otherwise — this entry alone is not a judgment. Second, under section B, the party who benefits from that default still has to ask the court for an actual default judgment; nothing happens on its own. That request comes with real limits: a court cannot enter a default judgment against a known infant or incompetent person unless a guardian or similar representative has appeared for them, and it cannot enter one against someone protected by the federal Servicemembers Civil Relief Act unless that law’s own requirements have been satisfied first. If the defaulted party has already appeared in the case — filed something, hired a lawyer, shown up in some way — the other side must give at least three days’ written notice before the hearing on the default judgment request. And if the court needs to take an accounting, calculate damages, or investigate some other issue before it can enter judgment, it holds a hearing for that purpose and preserves each party’s right to a jury when the case calls for one.
Section C ties default judgments to Trial Rule 60(B): a party who wants a default set aside has to satisfy the same grounds and follow the same procedure that governs relief from any other judgment. Section D makes clear this rule is not limited to plaintiffs — a third-party plaintiff, or a party who has filed a cross-claim or counterclaim, can seek a default judgment the same way, and every default judgment remains subject to Trial Rule 54(C)’s cap on relief exceeding what was demanded. Section E confirms that a governmental organization is not shielded from default judgments because of who it is; a default judgment may be entered against a governmental entity the same as against anyone else.
Frequently Asked Questions
What is the difference between an “entry of default” and a “default judgment” in Indiana?
They are two separate steps. Trial Rule 55(A) lets a court enter a default once a party has failed to plead or otherwise comply with the rules and that failure is shown by affidavit or otherwise — that entry alone does not end the case. Trial Rule 55(B) requires the party who benefits from the default to separately ask the court for a default judgment before the court awards any relief.
Can I get a default judgment against someone on active military duty?
Not without extra steps. Trial Rule 55(B) bars a default judgment against a person protected by the federal Servicemembers Civil Relief Act unless that law’s own requirements have been satisfied, which typically means confirming military status before the court will act.
How much notice do I have to give before asking for a default judgment against someone who already showed up in the case?
At least three days. Trial Rule 55(B) requires written notice of the default judgment application at least three days before the hearing on it, but only when the defaulted party has already appeared in the case — through a filing, an attorney, or otherwise.
How do I get a default judgment set aside in Indiana?
Can a defendant who filed a counterclaim get a default judgment against the plaintiff?
Yes. Trial Rule 55(D) makes clear the rule is not limited to original plaintiffs — a third-party plaintiff, or a party who has filed a cross-claim or counterclaim, can seek a default judgment the same way, subject to the same limits on relief under Trial Rule 54(C).
Can a government agency have a default judgment entered against it in Indiana?
Yes. Trial Rule 55(E) confirms that a governmental organization can have a default judgment entered against it, the same as any other party, once the ordinary requirements for a default judgment are met.
If someone misses a deadline, does the court automatically enter a default judgment against them?
No. A missed deadline can support an entry of default under Trial Rule 55(A), but the party who benefits from it still has to apply to the court for an actual default judgment under Trial Rule 55(B) — nothing is entered without that separate request.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 55). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
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