(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.
Rule 55.Default; default judgment
Group VII: Judgment · Last amended March 1, 2019 · Last verified July 14, 2026
In one sentenceRule 55 explains how a default is entered against a party who never responds, separates the clerk's limited role from the court's broader authority in entering default judgment, and adds extra safeguards before a default judgment can be entered against a minor, an incapacitated person, or the State.
Full Text of Rule 55
(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 incapacitated 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 incapacitated 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 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;
(C) establish the truth of any allegation by evidence; or
(D) investigate any other matter.
(e) Default 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.
Notes
Drafter’s Note, Amendment Effective January 1, 2005: Subdivision (b)(2) is amended to add the phrase “who has appeared therein” at the end of the first sentence to conform to the federal rule. All other amendments are technical.
Advisory Committee Note — 2019 Amendment: Rule 55 is conformed to the federal rule, but Rule 55(d) retains the cross-reference to Rule 54(c) in former state and federal versions of Rule 55.
Amendment History
Amended eff. 1-1-05; Amended eff. 3-1-19.
Plain-English Summary
Default and default judgment are two different steps. First, when a party never answers or otherwise defends and someone shows that by affidavit, the clerk enters a default — a procedural notation that the party is no longer participating. That alone is not a judgment. Getting an actual judgment is either automatic or requires asking the court, depending on the case. If the claim is for a specific sum, or an amount that can be worked out by simple computation, and the defaulted defendant never appeared and is not a minor or an incapacitated person, the clerk can enter judgment directly once the plaintiff files an affidavit showing the amount due. Everything else goes to the judge.
The rule builds in protection for parties who need it. A default judgment against a minor or an incapacitated person requires that a guardian or similar fiduciary have appeared for them. Anyone who has already appeared in the case, even informally, gets at least seven days' written notice before a hearing on the default judgment application. And when the court needs to work out damages, verify an allegation, or sort out some other issue before it can enter judgment, it can hold a hearing or send the matter out for further proceedings, while still preserving any right to a jury trial. Suing the State comes with its own higher bar: a default alone is not enough, and the claimant still has to prove the claim with evidence that satisfies the court. Damages in any default judgment are capped the same way as under Rule 54(c), and a default — or the judgment that follows it — can be set aside for good cause, or under Rule 60(b) once judgment has been entered.
Frequently Asked Questions
What is the difference between an "entry of default" and a "default judgment"?
An entry of default is the clerk's notation that a party failed to plead or otherwise defend — it does not resolve the case. A default judgment is the actual judgment awarding relief, which requires a separate step: either the clerk entering it for a sum-certain claim against a non-appearing defendant, or the court entering it in every other situation.
Can the clerk sign a default judgment, or does it have to be a judge?
The clerk can enter judgment only in a narrow situation: the claim is for a sum certain or one that can be calculated by computation, the defendant never appeared, and the defendant is not a minor or incapacitated person. Every other default judgment has to go through the court.
What happens if the defendant appeared in the case before defaulting?
They are entitled to at least seven days' written notice of the hearing on the default judgment application before the court rules, even though they are in default.
Can a default judgment be undone later?
Yes. An entry of default can be set aside for good cause at any point, and a default judgment that has already been entered can be set aside under the standards in Rule 60(b).
Is it harder to get a default judgment against a government agency?
Yes. A default judgment against the State, its officers, or its agencies cannot rest on the default alone — the claimant still has to put on evidence that satisfies the court that the claim or right to relief is valid.
Source & verification. Rule text, official Advisory Committee
Notes, and amendment history are reproduced verbatim from the Nevada Rules of Civil
Procedure, adopted by the Supreme Court of Nevada. Last verified July 14, 2026.
· Official source
Also known as: entry of default nevadadefault judgment procedureset aside defaultclerk's default judgmentdefault judgment against the state