When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, the party entitled to a judgment by default shall apply to the court therefor. If the party against whom judgment by default is sought has appeared in the action, he, or if appearing by 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. The motion for judgment against a party in default for failure to appear shall be accompanied by a certificate of the attorney that no papers have been served on him by the party in default. 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, without a jury, shall conduct such hearings or order such references as it deems necessary and proper, unless a jury is demanded by a party entitled thereto or is mandatory by statute or by the constitution. A party in default for failure to appear shall be deemed to have waived his right of trial by jury.
Rule 55.01.Judgment.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 55.01 sets the procedure for obtaining a default judgment in Kentucky: the party seeking it must apply to the court, give an appeared defendant three days' notice before the hearing, certify that a non-appearing defendant has served no papers, and accept that the court, not a jury, resolves any hearing needed to fix damages or other facts unless a jury is demanded or required.
Full Text of Rule 55.01
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Rule 55.01 covers what happens after a defendant fails to plead or otherwise defend against a claim for affirmative relief. The party owed a judgment does not get it automatically - that party must apply to the court for it. If the defaulting party has appeared in the case even without filing a defense, the rule requires written notice of the application at least three days before the hearing, served on that party or its representative.
If the defaulting party never appeared at all, the motion for judgment must come with the attorney's certificate that the defaulting party has served no papers. That certificate stands in for the notice requirement when there is no one on the other side to notify.
Some default judgments need more than a signature - the court may need to take an account, work out the amount of damages, confirm the truth of an averment, or look into some other matter before it can enter judgment or carry it out. Rule 55.01 puts that work in the judge's hands rather than a jury's, through hearings or references the court orders as needed, unless a jury has been demanded by a party entitled to one or a jury is required by statute or the constitution. A party in default for failing to appear is treated as having waived the right to a jury trial.
Frequently Asked Questions
How does a party get a default judgment in Kentucky?
Under Rule 55.01, the party entitled to a default judgment must apply to the court for it. If the party in default has appeared in the case, written notice of the application must be served on that party at least three days before the hearing.
Does a defaulting defendant who never appeared get notice of a default judgment hearing?
Not the three-day notice given to a party who appeared. Instead, the motion for judgment against a party in default for failing to appear must include the attorney's certificate that no papers have been served by that party.
Is a defendant in default entitled to a jury trial on damages?
Generally no. Rule 55.01 treats a party in default for failure to appear as having waived the right to a jury trial, so the court resolves any needed hearings on damages or other matters without a jury, unless a jury is demanded by a party entitled to one or is mandatory by statute or the constitution.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 55.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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