(a) Parties to whom applicable. — In this Rule, the term “plaintiff” includes counter-plaintiffs, cross- plaintiffs, and third-party plaintiffs, and the term “defendant” includes counter-defendants, cross-defendants, and third-party defendants.
Rule 2-613.Default judgment
Circuit Court · Last amended July 1, 2023 · Last verified July 13, 2026
In one sentenceRule 2-613 sets out the two-step default judgment process in circuit court: an order of default when a defendant misses the deadline to plead, followed by a chance to vacate before a final default judgment is entered.
Full Text of Rule 2-613
(b) Order of default. — If the time for pleading has expired and a defendant has failed to plead as provided by these rules, the court, on written request of the plaintiff, shall enter an order of default. The request shall state the last known address of the defendant.
(c) Notice. — Promptly upon entry of an order of default, the clerk shall issue a notice informing the defendant that the order of default has been entered and that the defendant may move to vacate the order within 30 days after its entry. The notice shall be mailed to the defendant at the address stated in the request and to the defendant’s attorney of record, if any. The court may provide for additional notice to the defendant.
(d) Motion by defendant. — The defendant may move to vacate the order of default within 30 days after its entry. The motion shall state the reasons for the failure to plead and the legal and factual basis for the defense to the claim.
(e) Disposition of motion. — If the court finds that there is a substantial and sufficient basis for an actual controversy as to the merits of the action and that it is equitable to excuse the failure to plead, the court shall vacate the order.
(f) Entry of judgment. — If a motion was not filed under section (d) of this Rule or was filed and denied, the court, upon request, may enter a judgment by default that includes a determination as to the liability and all relief sought, if it is satisfied (1) that it has jurisdiction to enter the judgment and (2) that the notice required by section (c) of this Rule was mailed. If, in order to enable the court to enter judgment, 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 matter, the court, may rely on affidavits, conduct hearings, or order references as appropriate, and, if requested, shall preserve to the plaintiff the right to trial by jury.
(g) Finality. — A default judgment entered in compliance with this Rule is not subject to the revisory power under Rule 2-535 (a) except as to the relief granted.
Amendment History
Amended Nov. 20, 1984, effective Jan. 1, 1985; Apr. 7, 1986, effective July 1, 1986; Nov. 22, 1989, effective Jan. 1, 1990; Dec. 10, 1996, effective July 1, 1997; Nov. 12, 2003, effective Jan. 1, 2004; June 16, 2009, effective June 17, 2009; December 7, 2015, effective January 1, 2016; April 21, 2023, effective July 1, 2023.
Committee Note & Source
Cross references. For the requirement that a request for entry of judgment under section (f) of this Rule be served on the defendant, see Rule 1-321 (c)(2).
Cross references. Section 3931 of the Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901 et seq., imposes specific requirements that must be fulfilled before a default judgment may be entered.
Source. This Rule is derived as follows:
Section (a) is new.
Section (b) is new.
Section (c) is new.
Section (d) is new.
Section (e) is new.
Section (f) is new. The second sentence is derived from the last sentence of the 1937 version of Fed. R. Civ. P. 55 (b)(2).
Section (g) is new.
Plain-English Summary
Default judgment under this rule happens in stages. First, once the time for pleading has passed, the plaintiff can ask the court in writing for an order of default, giving the defendant's last known address. The clerk then promptly mails the defendant — and any attorney of record — notice that the order was entered and that the defendant has 30 days to move to vacate it; the court can order additional notice if warranted. If the defendant moves to vacate within that 30-day window, the motion has to explain why the defendant missed the deadline and lay out the factual and legal basis for a defense. The court vacates the order if it finds a substantial and sufficient basis for an actual controversy on the merits and it's equitable to excuse the failure to plead.
If no motion to vacate is filed, or one is filed and denied, the plaintiff can ask the court to enter a default judgment covering liability and all relief sought. Before doing so, the court has to be satisfied it has jurisdiction and that the required notice was mailed. When damages aren't already fixed — when the court needs to take an account, determine damages, verify an averment, or investigate — the court can rely on affidavits, hold hearings, or order references, and must preserve a jury trial on damages if requested. Once entered, a default judgment under this rule sits outside the court's usual revisory power under Rule 2-535(a) except as to the relief granted — meaning liability is settled, but the amount awarded can still be revisited.
Frequently Asked Questions
How long does a defendant have to move to vacate an order of default?
30 days after the order of default is entered.
What has to be in a motion to vacate an order of default?
The motion must state the reasons the defendant failed to plead and the legal and factual basis for a defense to the claim. The court will vacate the order if it finds a substantial and sufficient basis for an actual controversy on the merits and it's equitable to excuse the failure to plead.
Can a defendant still contest the amount of damages after a default judgment is entered?
Yes, at least in a limited sense. Section (g) exempts a default judgment from the court's ordinary revisory power under Rule 2-535(a), except as to the relief granted — so the damages award, unlike the liability finding, remains open to challenge.
Does the plaintiff automatically get the damages amount requested?
Not necessarily. If the amount of damages isn't already established, the court may rely on affidavits, hold hearings, or order references to determine it, and must preserve the plaintiff's right to a jury trial on that question if requested.
Does military service affect a default judgment?
It can. A cross-reference to the federal Servicemembers Civil Relief Act notes that specific requirements must be satisfied before a default judgment can be entered against a servicemember.
Where does the second sentence of section (f) come from?
The source note traces it to the last sentence of the 1937 version of the federal default judgment rule; every other section of Rule 2-613 is original to Maryland.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as: default judgment marylandorder of defaultmotion to vacate order of defaultfailure to answer complaint deadlinedefault judgment against servicemember