Rule 55.Default

Last amended July 1, 1971 · Last verified July 1, 2026

In one sentenceRule 55 lets a party get judgment against an opponent who has failed to plead or otherwise defend, requires written notice before that judgment if the opponent has appeared in the case, and bars default judgment against a minor, an incompetent person, or the state without extra safeguards.

Full Text of Rule 55

Text sizeJump to: (A) (B) (C) (D)

(A) Entry of judgment

When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, the party entitled to a judgment by default shall apply in writing or orally to the court therefor; but no judgment by default shall be entered against a minor or an incompetent person unless represented in the action by a guardian or other such representative who has appeared therein. If the party against whom judgment by default is sought has appeared in the action, he (or, if appearing by representative, his representative) shall be served with written notice of the application for judgment at least seven days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper and shall when applicable accord a right of trial by jury to the parties.

(B) Setting aside default judgment

If a judgment by default has been entered, the court may set it aside in accordance with Rule 60(B).

The provisions of this rule apply whether the party entitled to the 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(C).

(D) Judgment against this state

No judgment by default shall be entered against this state, a political subdivision, or officer in his representative capacity or agency of either unless the claimant establishes his claim or right to relief by evidence satisfactory to the court.

End

Amendment History

Effective Date: July 1, 1970

Amended: July 1, 1971

Plain-English Summary

Division (A) allows the party entitled to a judgment for affirmative relief to apply to the court, in writing or orally, for judgment by default once the opposing party has failed to plead or otherwise defend as the rules require. If that opposing party has appeared in the action in any way, the moving party must serve written notice of the application for judgment at least seven days before the hearing. The court may hold a hearing and take whatever proceedings are necessary to establish the truth of any averment or to determine damages, and must accord the parties a right to trial by jury where that right applies.

Division (B) allows a default judgment to be set aside under Rule 60(B). Division (C) makes clear these provisions apply whether the party entitled to a default judgment is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim. Division (D) bars entry of a default judgment against this state, a political subdivision, or an officer sued in a representative capacity, unless the claimant establishes the claim or right to relief with evidence satisfactory to the court.

Frequently Asked Questions

What must happen before a default judgment can be entered against someone who has appeared in the case?

The party seeking the judgment must serve written notice of the application for judgment at least seven days before any hearing on it.

How can a default judgment be undone?

Through a motion under Rule 60(B), the route Rule 55(B) points to for setting aside a default judgment.

Can the state be hit with a default judgment just for failing to respond?

No. Rule 55(D) bars a default judgment against the state, a political subdivision, or an officer sued in a representative capacity unless the claimant proves the claim with evidence satisfactory to the court.

Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 55). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: default judgmentsetting aside default