55.01 Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, judgment by default may be entered as follows: The party entitled to a judgment by default shall apply to the court. Except for cases where service was properly made by publication, all parties against whom a default judgment is sought shall be served with a written notice of the application at least five days before the hearing on the application, regardless of whether the party has made an appearance in the action. A party served by publication is entitled to such notice only if that party has made an appearance in the action. No judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other such representative who has appeared therein. 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 accord a right of trial by jury to the parties when and as required by any statute.
Rule 55.Default
Last amended July 1, 2000 · Last verified July 2, 2026
In one sentenceRule 55 lets a court enter a default judgment against a party who has failed to plead or otherwise defend, requires written notice of the default application to every defendant at least five days before the hearing, bars default against a minor or incompetent person unless a representative has appeared, and lets a defaulted party seek relief under Rule 60.02.
Full Text of Rule 55
55.02 Setting Aside Default. For good cause shown the court may set aside a judgment by default in accordance with Rule 60.02.
55.03 Plaintiffs, Counterclaims, Cross-Claimants. 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 54.03.
55.04 Judgment Against the State of Tennessee. No judgment by default shall be entered against the state of Tennessee or any officer or agency thereof unless the claimant establishes his or her claim or right to relief by evidence satisfactory to the court.
Advisory Commission Comments
Advisory Commission Comments [1997].
This amendment is technical. Rearrangement of language is intended for clarity.
Advisory Commission Comments [1998].
The former five-day rule has been expanded to thirty days. Consequently, the defendant must be served with written notice of the application at least thirty days before the default hearing.
Advisory Commission Comments [2000].
The amendment [to Rule 55.01] returns the 30 day notice concerning default back to 5 days. Consult Rule 5.02, allowing service by mail, and Rule 6.05, mandating an extra 3 days if mail is used. Also, because Rule 6.01 requires exclusion of weekends and holidays in computing time periods shorter than 11 days, a default judgment on a given Friday after a holiday would require mailing the notice on Monday of the previous week.
Advisory Commission Comments [2013].
Tenn. R. Civ. P. 3A ("Enforcement of Foreign Judgments") was adopted in 2013. With the adoption of Rule 3A, no motion for default or entry of a default judgment is required before the clerk may issue requested execution upon a properly enrolled, undisputed foreign judgment.
Amendment History
- Amended by order effective July 1, 1996.
- and by order effective July 1, 1997.
- and by order effective July 1, 1998.
- and by order entered January 28, 2000, effective July 1, 2000.
Plain-English Summary
Rule 55.01 governs when a court may enter judgment against a party who has failed to plead or otherwise defend a claim for affirmative relief. The party seeking the default has to apply to the court, and — except where service was made by publication on a party that never appeared — every party against whom the default is sought must get written notice of the application at least five days before the hearing, whether or not that party has appeared in the case at all. No default judgment can be entered against a minor or an incompetent person unless a guardian, conservator, or similar representative has appeared on that person’s behalf. When entering the judgment requires the court to take an account, determine damages, establish some fact through evidence, or investigate any other matter, the court can hold whatever hearings or order whatever references are needed, according a jury trial where a statute requires one.
Rule 55.02 lets a court set aside a default judgment for good cause, applying the same standard Rule 60.02 uses for relief from judgments generally. Tennessee courts have historically applied that standard more liberally to a default than to a judgment reached after a full contest, weighing whether the default was willful, whether the defaulting party has a real defense on the merits — not just a conclusory assertion that one exists — and whether setting the judgment aside would prejudice the other side.
Rule 55.03 makes clear the rule applies whether the party seeking the default is a plaintiff, a third-party plaintiff, or a party asserting a cross-claim or counterclaim, and that any default judgment remains subject to Rule 54.03’s limit on relief exceeding the demand. Rule 55.04 bars a default judgment against the State of Tennessee or any of its officers or agencies unless the party seeking it proves its claim with evidence satisfying the court — the state’s default, unlike a private party’s, never admits the claim by itself.
Frequently Asked Questions
Does every defendant have to be notified before a default judgment is entered against them?
Yes, with a narrow exception. Rule 55.01 requires written notice of the default application at least five days before the hearing to every party against whom default is sought, whether or not that party has appeared, except a party served only by publication who never appeared.
Can a default judgment be entered against a minor?
No, not unless a representative has appeared. Rule 55.01 bars a default judgment against an infant or incompetent person unless a guardian, conservator, or similar representative has appeared in the action on their behalf.
How does a party get a default judgment set aside?
Rule 55.02 lets the court set aside a default for good cause under the same standard Rule 60.02 uses generally, though Tennessee courts apply that standard more liberally to a default than to a judgment reached after a full contest.
Source & verification. The rule text and Advisory Commission Comments are reproduced verbatim from the
official Tennessee Rules of Civil Procedure (Tenn. R. Civ. P. 55). Prescribed by the Supreme Court of Tennessee (Tenn. Code Ann. §§ 16-3-402 to 16-3-407, 16-3-601). The plain-English summary is original and written by us. Last verified July 2, 2026. ·
Official source
Also known as: default judgmentsetting aside a defaultnotice of default application
Advisory Commission Comments [1996].
The amendment to Rule 55.01 requires notice even to nonappearing parties. One reason for the change is the liberal Tennessee case law allowing Rule 60 relief.