No judgment by default shall be entered against the Commonwealth or an officer or agency thereof or against the United States of America or an officer or agency thereof unless the claimant establishes his claim or right to relief by evidence satisfactory to the Court. (Amended November 21, 1977, effective January 1, 1978; amended June 29, 1984, effective January 1, 1985.)
Rule 55.04.Judgment against the commonwealth or the united states.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 55.04 bars a default judgment against the Commonwealth of Kentucky, a state officer or agency, the United States, or a federal officer or agency unless the claimant proves the underlying claim or right to relief with evidence the court finds satisfactory.
Full Text of Rule 55.04
Amendment History
(Amended November 21, 1977, effective January 1, 1978; amended June 29, 1984, effective January 1, 1985.)
Plain-English Summary
Default judgments punish a party who ignores a lawsuit. Rule 55.04 carves out an exception for government defendants. If the Commonwealth of Kentucky, one of its officers or agencies, the United States, or a federal officer or agency fails to answer or defend a claim, the court cannot enter a default judgment against it the way it might against a private party. The claimant still has to come forward with evidence and satisfy the court that the claim holds up.
This means a plaintiff suing a state agency or a federal officer cannot win by default just because the government misses a deadline. The court will want proof of the claim before entering judgment, even if no one shows up to contest it.
Frequently Asked Questions
Can I win a lawsuit against the Kentucky state government just because it never answered?
No. Under Rule 55.04, a court will not enter a default judgment against the Commonwealth of Kentucky or one of its officers or agencies solely because it failed to respond. You still need to present evidence that satisfies the court your claim is valid.
Does this rule apply to lawsuits against the federal government too?
Yes. Rule 55.04 covers claims against the United States and its officers or agencies as well as claims against the Commonwealth, using the same standard: evidence satisfactory to the court instead of a default judgment.
What kind of evidence satisfies a court under Rule 55.04?
The rule does not specify a particular form of proof. It leaves the sufficiency of the evidence to the court's judgment, requiring only that the claimant establish the claim or right to relief to the court's satisfaction before judgment is entered.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 55.04). 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
Also known as: default judgment against the statecan you get a default judgment against the governmentdefault judgment against United States KentuckyCR 55.04suing the Commonwealth of Kentucky defaultdefault judgment against federal officer