Rule 74.05.Entry of Default Judgment.

When a defendant does not respond to a lawsuit at all, Rule 74.05 gives the plaintiff a path to judgment anyway. If a party fails to plead or otherwise defend as the rules require, the court can enter a judgment against that party once the plaintiff proves damages or entitlement to the relief sought. Notably, the rule does not require an intermediate step — a plaintiff does not have to obtain an interlocutory order of default before getting a final default judgment.

That said, the interlocutory order route remains available. A court can enter an interlocutory order of default first, and then move to a final default judgment. Either side may demand a jury to assess damages after that interlocutory order; if no one demands a jury, the court assesses damages itself. A default judgment may award damages, other relief, or both.

Subsection (d) sets the standard for undoing a default. A party can move to set aside an interlocutory order of default or a default judgment by stating facts that show a meritorious defense and by showing good cause, and the motion must come within a reasonable time — capped at one year after the default judgment was entered. The rule defines “good cause” broadly: it includes a mistake, or conduct that was not intentionally or recklessly designed to derail the judicial process. That is a forgiving standard compared to a showing of pure innocence, but it still requires more than a bare request for a second chance. The court can attach conditions to relief, including requiring the defaulting party to cover the other side’s reasonable attorney fees and expenses caused by the default. Finally, the rule specifies that a motion to set aside a default judgment is treated as an independent action, not as an ordinary after-trial motion — even when it is filed within thirty days of judgment.