Rule 55.Default; Default Judgment

Enacted effective October 1, 2011 · Last verified June 26, 2026

In one sentenceRule 55 governs defaults — the clerk enters a default when a party fails to plead or defend, a default judgment is entered by the clerk for a sum certain or otherwise by the court, and a default may be set aside for good cause.

Full Text of Rule 55

Text sizeJump to: (a) (b) (c) (d)

(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.

(b) Entering a Default Judgment.

(1) By the Clerk. If the plaintiff’s claim is for a sum certain or a sum that can be made certain by computation, the clerk -- on the plaintiff’s request, with an affidavit showing the amount due -- must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.

(2) By the Court. In all other cases, the party must apply to the court for a default judgment. A default judgment may be entered against a minor or incompetent person only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing. The court may conduct hearings or make referrals -- preserving any Montana statutory right to a jury trial -- when, to enter or effectuate judgment, it needs to:

(A) conduct an accounting;

(B) determine the amount of damages;

(D) investigate any other matter.

(c) Setting Aside a Default or a Default Judgment. The court may set aside an entry of default for good cause, and it may set aside a default judgment under Rule 60(b).

(d) Judgment against the State of Montana. A default judgment may be entered against the State of Montana, its officers, its agencies, or its political subdivisions only if the claimant establishes a claim or right to relief by evidence that satisfies the court.

End

Plain-English Summary

When a party served with a claim doesn't respond, Rule 55 supplies the consequence. First, the clerk enters a default on a showing that the party failed to plead or otherwise defend. Then comes the default judgment: the clerk may enter it when the claim is for a sum certain and the defaulted defendant is not a minor or incompetent person; in all other cases, the plaintiff must apply to the court, which gives 7 days' notice to a party who has appeared and may hold hearings to fix damages or take an accounting.

Defaults are not necessarily final. The court may set aside an entry of default for good cause, and may set aside a default judgment under Rule 60(b). A default judgment against the State of Montana or its agencies requires the claimant to establish the claim by satisfactory evidence.

Frequently Asked Questions

What is a default?

The clerk's entry noting that a party against whom a claim is made has failed to plead or otherwise defend.

How is a default or default judgment set aside?

An entry of default may be set aside for good cause; a default judgment may be set aside under Rule 60(b).

Can a default judgment exceed what was demanded?

No. A default judgment must not differ in kind from, or exceed in amount, what the pleadings demanded (Rule 54(c)).

Source & verification. Reproduced verbatim from the Montana Code Annotated as published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption. Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. · Official text

Also known as: defaultdefault judgmententry of default