(a) 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 the clerk shall enter the default of that party.
Rule 55.Default
Part VII: Judgment · Last amended May 8, 2018 · Last verified July 13, 2026
In one sentenceRule 55 spells out how default and default judgment work when a defendant fails to respond, including when the clerk alone can enter judgment and when a judge has to get involved instead.
Full Text of Rule 55
(b) Judgment. Judgment by default may be entered as follows:
(1) By the clerk. When the plaintiff’s claim against a defendant is for a sum certain, upon request of the plaintiff the clerk shall enter judgment for the amount claimed and costs against the defendant if:
(A) the default of the defendant is for failure to appear;
(B) the defendant is not an infant or incompetent person;
(C) the defendant has been personally served pursuant to Rule 4(d)(1); and
(D) the plaintiff, through a verified complaint, an affidavit, or an unsworn declaration as described in Title 78B, Chapter 18a, Uniform Unsworn Declarations Act, submitted in support of the default judgment, sets forth facts necessary to establish the amount of the claim, after deducting all credits to which the defendant is entitled, and verifies the amount is warranted by information in the plaintiff’s possession.
(2) By the court. In all other cases the party entitled to a judgment by default shall apply to the court therefor. 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.
(d) Plaintiffs, counterclaimants, 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(c).
(e) Judgment against the state or officer or agency thereof. No judgment by default shall be entered against the state of Utah or against an officer or agency thereof unless the claimant establishes his claim or right to relief by evidence satisfactory to the court.
Amendment History
Amended effective Sept. 4, 1985; November 1, 2002; July 8, 2015; November 1, 2015; May 1, 2016; May 8, 2018.
Plain-English Summary
Rule 55 covers what happens when a defendant doesn't show up to fight a lawsuit. If a party fails to plead or otherwise defend, the clerk enters that party's default once the failure is documented. Default and default judgment are two separate steps — default just marks that the party stopped participating; judgment is what decides the case against them.
For a narrow category of cases, the clerk alone can enter the default judgment: the claim has to be for a specific, calculable amount, the default has to be for failing to appear at all, the defendant can't be a minor or an incompetent person, the defendant has to have been personally served under Rule 4(d)(1), and the plaintiff has to submit a verified complaint, affidavit, or unsworn declaration establishing the amount owed after crediting anything the defendant is due. Every other default judgment goes through the court instead — the judge can hold hearings, take an accounting, or otherwise investigate before entering judgment.
A court can set aside an entry of default for good cause, and if judgment has already been entered, undoing it goes through Rule 60(b)'s standards for relief from judgment. These rules work the same way whether the party seeking default is a plaintiff, a third-party plaintiff, or a party pursuing a cross-claim or counterclaim, and any default judgment stays subject to Rule 54(c)'s limit on giving more relief than was demanded. One firm exception: no one gets a default judgment against the State of Utah or one of its officers or agencies without proving the claim to the court's satisfaction.
Frequently Asked Questions
What's the difference between an 'entry of default' and a 'default judgment'?
Entry of default is the clerk's record that a defendant failed to plead or defend at all. Default judgment is the ruling that decides the case against that defendant — it's a separate, later step.
When can the court clerk enter a default judgment without a judge?
Only when the claim is for a fixed, calculable amount, the defendant defaulted by not appearing at all, the defendant isn't a minor or incompetent, the defendant was personally served, and the plaintiff has submitted a verified complaint, affidavit, or declaration establishing what's owed. Anything else goes to a judge.
Can I get a default judgment for more than my complaint asked for?
No. Default judgments are capped by Rule 54(c) — they can't exceed or differ in kind from what the complaint demanded.
How do I get a default set aside?
Show good cause. If only the default itself has been entered, the court can set it aside on that showing alone; if judgment has already been entered, the request follows Rule 60(b)'s standards for relief from judgment.
Can I get a default judgment against the State of Utah?
Only if you prove your claim to the court's satisfaction. The rule bars default judgments against the state or its officers and agencies without that proof, no matter how completely the state ignores the case.
What counts as 'personal service' for a clerk's default judgment?
Service carried out under Rule 4(d)(1) specifically. That's one of the required conditions before a clerk — rather than a judge — can enter a default judgment for a sum-certain claim.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
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