Last amended July 1, 2021 · Last verified July 1, 2026
In one sentenceRule 55 sets out how a party gets a default judgment when the opposing party fails to plead or otherwise defend a case, with different procedures depending on the type of claim.
55.01Judgment When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend within the time allowed therefor by these rules or by statute, and that fact is made to appear by affidavit, judgment by default shall be entered against that party as follows:
aWhen the plaintiff’s claim against a defendant is upon a contract for the payment of money only, or for the payment of taxes and penalties and interest thereon owing to the state, the court administrator, upon request of the plaintiff and upon affidavit of the amount due, which may not exceed the amount demanded in the complaint or in a written notice served on the defendant in accordance with Rule 4 if the
complaint seeks an unspecified amount pursuant to Rule 8.01, shall enter judgment for the amount due and costs against the defendant.
bIn all other cases, the party entitled to a judgment by default shall apply to the court therefor. If a party against whom judgment is sought has appeared in the action, that party shall be served with written notice of the application for judgment at least 14 days prior to the hearing on such application. If the action is one for the recovery of money only, the court shall ascertain, by a reference or otherwise, the amount to which the plaintiff is entitled, and order judgment therefor.
cIf relief other than the recovery of money is demanded and the taking of an account, or the proof of any fact, is necessary to enable the court to give judgment, it may take or hear the same or order a reference for that purpose, and order judgment accordingly.
dWhen service of the summons has been made by published notice, or by delivery of a copy outside the state, default judgment must not be entered until the plaintiff, if required by the court, has filed a court-approved bond that conforms to a court order regarding the restitution of the property obtained from the judgment if a defense is later permitted and sustained. A bond is not required in actions involving the title to real estate or to foreclose mortgages or other liens.
eWhen judgment is entered in an action upon a promissory note, draft or bill of exchange under the provisions of this rule, such promissory note, draft or bill of exchange shall be filed with the court administrator and made a part of the files of the action.
55.02Plaintiffs; Counterclaimants; Cross-Claimants This rule is applicable whether the party entitled to 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 54.03.
Advisory Committee Comments
Task Force Comment--1991 Adoption
Rule 55.01(e) is derived from Rule 12(c) of the Code of Rules for the District Courts. The change in subsection (a) is intended to deal with the situation of notice of the amount of judgment sought in those cases where the complaint seeks only an unspecified amount in excess of $50,000 pursuant to Minn. R. Civ. P. 8.01 (rule limits ad damnum clauses for unliquidated damages) and Minnesota Statutes, section 544.36 (1990) (statute providing same limitation).
Advisory Committee Comment—2020 Amendments
Rule 55.01(b) is amended as part of the amendments made to the timing provisions of the rules. These amendments implement the adoption of a standard “day” for counting deadlines under the rules—counting all days regardless of the length of the period and standardizing the time periods, where practicable, to a 7-, 14-, 21- or 28-day schedule. This change to the rule lengths the 3-day notice provision of the rule to 14 days because the 3-day notice period has proven too short to allow a meaningful response from the party receiving notice.
Advisory Committee Comment—2021 Amendments
Rule 55.01(d) is amended to make it clearer and to update the phrasing of the provisions in the rule. This amended rule is modeled on N.D.R. Civ. P. 55(a)(4). The provision for a bond as a potential prerequisite to obtaining a default judgment is important where service has been made by publication or service outside Minnesota. The amended rule recognizes, however, that a bond may be of little value if the judgment creditor was of sufficient financial standing that requiring a bond would only impose additional expense in the case, and would offer no additional security to the defaulting defendant.
Amendment History
(Amended effective July 1, 2021.)
Plain-English Summary
When a party facing a claim for affirmative relief fails to plead or otherwise defend within the time the rules or a statute allow, and that failure is shown by affidavit, a default judgment can be entered. Rule 55 splits the process into tracks depending on the type of claim. If the claim against a defendant is on a contract for the payment of money only, or for taxes, penalties, and interest owed to the state, the court administrator can enter judgment directly for the amount due plus costs, based on the plaintiff’s request and an affidavit of the amount owed, capped at what the complaint or a required written notice demanded.
In every other case, the party seeking default has to apply to the court itself, not the administrator. If the defaulting party has already appeared in the case, that party must be given written notice of the default application at least 14 days before the hearing. If the case seeks only money, the court determines the amount owed, by reference or otherwise, and orders judgment for that amount. If the case seeks relief other than money, the court may take an account or hear proof of facts itself, or send the matter to a reference, before ordering judgment.
Additional protections apply when the defendant was served by published notice or by delivery outside Minnesota: the court can require the plaintiff to file a bond covering restitution of property if a defense is later allowed and succeeds, though no bond is required in cases about title to real estate or foreclosing liens. A promissory note, draft, or bill of exchange underlying a default judgment must be filed with the court administrator and made part of the case file. Whether the party seeking default is a plaintiff, third-party plaintiff, or a party asserting a cross-claim or counterclaim, any default judgment is still subject to the same cap that applies under Rule 54.03, meaning it cannot exceed what was demanded.
Frequently Asked Questions
When can a party get a default judgment in Minnesota?
When a party against whom affirmative relief is sought has failed to plead or otherwise defend within the time allowed by the rules or by statute, and that failure is shown by affidavit.
Can the court administrator enter a default judgment without a judge?
Yes, but only when the claim is on a contract for the payment of money only, or for taxes and related penalties and interest owed to the state, based on the plaintiff’s request and an affidavit of the amount due.
Do I get notice if the other side asks for a default judgment against me?
If you have appeared in the action, you must be served with written notice of the default application at least 14 days before the hearing on it.
Is there any protection if I was served by publication or outside Minnesota and default is entered?
The court may require the plaintiff to file a court-approved bond covering restitution of property obtained by the judgment if a defense is later permitted and succeeds, except in actions involving title to real estate or foreclosure of mortgages or other liens.
Can a default judgment give the winning party more than they asked for?
No, a judgment by default is subject to the limitations of Rule 54.03, which means it cannot be different in kind from or exceed in amount what was demanded.
Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the
official Minnesota Rules of Civil Procedure (Minn. R. Civ. P. 55). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Task Force Comment--1991 Adoption
Rule 55.01(e) is derived from Rule 12(c) of the Code of Rules for the District Courts. The change in subsection (a) is intended to deal with the situation of notice of the amount of judgment sought in those cases where the complaint seeks only an unspecified amount in excess of $50,000 pursuant to Minn. R. Civ. P. 8.01 (rule limits ad damnum clauses for unliquidated damages) and Minnesota Statutes, section 544.36 (1990) (statute providing same limitation).