Group VII: Judgment · Last amended August 1, 2021 · Last verified July 15, 2026
In one sentenceRule 55 lets a court direct the clerk to enter default judgment against a party who has failed to plead or appear, requires real proof of damages beyond a simple sum-certain claim, adds safeguards for minors, incompetent persons, and defendants served by publication, and holds claims against the state to a higher proof standard.
(a)Entry. If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise appear and the failure is shown by declaration or otherwise, the court may direct the clerk to enter an appropriate default judgment in favor of the plaintiff and against the defendant as follows:
(1)If the plaintiff's claim against a defendant is for a sum certain or a sum that can be made certain by computation, the court, on a declaration of the amount due and on production of the written instrument, if any, on which the claim is based, may direct the entry of judgment for the amount due plus costs and disbursements.
(2)In all other cases, the court, before directing the entry of judgment, must require the necessary proof to enable it to determine and grant any relief to the plaintiff. To this end, the court may:
(A)Hear evidence and assess damages;
(B)Direct a reference for an accounting or for taking testimony or for a determination of the facts; or
(C)Submit any issue of fact to a jury.
(3)A default judgment may be entered against a minor or incompetent person only if represented by a general guardian or other representative 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 a motion for judgment. Notice must be served with the motion and must comply with N.D.R.Ct. 3.2 (a).
(4)When 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 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.
(b)Judgment against the state. A default judgment may be entered against the state, its officers, or its agencies only if the claimant establishes a claim or right to relief by evidence that satisfies the court.
Explanatory Note
Rule 55 was amended, effective March 1, 1990; March 1, 2003; March 1, 2011; March 1, 2021; August 1, 2021. The explanatory note was amended, effective March 1, 2017.
Rule 55 is derived from Fed.R.Civ.P. 55, with several changes. The federal rule contains a two-step process: entry of default and then entry of judgment. The first step is not specifically required in this rule. Subdivision (a) is a combination of the first two subdivisions of the federal rule, but specifies that the clerk cannot enter a default judgment without being directed to do so by the court, unlike the federal rule where the clerk can enter judgment in certain cases without court direction. Paragraph (2) authorizes the court to require proof before directing the default judgment. Paragraph (4), derived partly from N.D.R.C. § 28- 0906 (1943), authorizes the court to require a bond before judgment is entered when service of the summons has been made by publication or delivery out of the state, with certain exceptions. Paragraph (a)(1) was amended, effective August 1, 2021, to allow the court to direct the entry of judgment for the amount due plus costs and disbursements. Former subdivision (b) was deleted from the rule effective March 1, 2011. The subdivision included two provisions. The first recognized that Rule 55 applies to described claimants. The list was incomplete and unnecessary; Rule 55(a) applies Rule 55 to any party against whom a judgment for affirmative relief is requested. The second provision was a redundant reminder that Rule 54(c) limits the relief available by default judgment. Subdivision (b) is identical to subdivision (d) of the federal rule, with the substitution of the state for United States. The federal provision [subdivision (c)] for setting aside default was not adopted. See Rule 60(b) regarding relief from a judgment or order. The operation of this rule is also directly affected by the Servicemember's Civil Relief Act, 50 U.S.C. §§ 3901, et seq. Section 3931 imposes specific requirements that must be fulfilled before a default judgment can be ordered or entered. If a default judgment is entered against a person in military service without compliance with the requirements of § 3931, the judgment may be vacated. Rule 55 was amended, effective March 1, 1990. The amendments were technical in nature and no substantive change was intended. Rule 55 was amended, effective March 1, 2003. Paragraph (a)(3) was changed to substitute the term "motion" for the term "application" and to require that a motion for a default judgment must comply with N.D.R.Ct. 3.2(a). Rule 55 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. Rule 55 was amended, effective March 1, 2021, to delete the term "affidavit" and replace it with "declaration." This amendment was made in response to N.D.C.C. ch. 31-15, which allows anyone to make an unsworn declaration that has the same effect as a sworn declaration, such as an affidavit. N.D.C.C. § 31-15-05 provides the required form for an unsworn declaration.
Plain-English Summary
Rule 55(a) starts with the failure itself: once it's shown by declaration or otherwise that a party facing a claim for affirmative relief hasn't pled or appeared, the court may direct the clerk to enter an appropriate default judgment. North Dakota folds the federal rule's two-step default-then-judgment process into one court-directed step. For a claim that's for a sum certain, or a sum a simple computation can make certain, the court can direct judgment for the amount due plus costs and disbursements based on a declaration of the amount and the written instrument, if any, behind the claim. Every other claim needs real proof before judgment: the court can hear evidence and assess damages itself, refer the matter out for an accounting, testimony, or fact-finding, or submit a fact issue to a jury.
The rule builds in protections for parties who need them. A default judgment against a minor or incompetent person requires a general guardian or other representative who has appeared in the case. A defendant who has appeared personally or through a representative must be served with the motion for judgment and given notice under N.D.R.Ct. 3.2(a) before judgment is entered. And when service of the summons was by published notice or by delivering a copy outside the state, no default judgment can be entered until the plaintiff files a court-required bond covering restitution of property if a defense is later allowed and succeeds — except in actions over title to real estate or foreclosure of mortgages or other liens, where no bond is required.
Rule 55(b) treats claims against the state differently: a default judgment against the state, its officers, or its agencies can be entered only if the claimant proves the claim or right to relief with evidence that satisfies the court — the state's silence doesn't do the work a private defendant's silence might. North Dakota didn't adopt the federal rule's separate procedure for setting aside a default; relief from a default judgment here runs through Rule 60(b) instead. And where a servicemember is the defaulting party, the federal Servicemembers Civil Relief Act imposes its own requirements before judgment can be entered, and a judgment entered without meeting them can be vacated.
Frequently Asked Questions
What does a plaintiff need to obtain a default judgment for a specific dollar amount owed?
Rule 55(a)(1) allows the court to direct judgment for the amount due plus costs and disbursements based on a declaration of the amount and the written instrument the claim is based on, if any — no further proof hearing is required for a sum-certain claim.
What if my damages against a defaulting party aren't a fixed, calculable amount?
Rule 55(a)(2) requires the court to obtain proof before directing judgment, which can mean hearing evidence and assessing damages, referring the matter for an accounting or fact-finding, or submitting the issue to a jury.
Can I get a default judgment against a defendant who is a minor?
Only if the minor is represented by a general guardian or other representative who has appeared in the action, under Rule 55(a)(3).
Is getting a default judgment against the State of North Dakota the same as against a private party?
No. Rule 55(b) requires the claimant to establish the claim or right to relief with evidence that satisfies the court, rather than relying on the state's failure to appear.
How do I ask the court to undo a default judgment that's already been entered?
North Dakota didn't adopt a separate procedure for setting aside a default judgment; relief runs through Rule 60(b), which governs relief from judgments and orders generally.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
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