(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 shall enter the party’s default.
Rule 55.Default
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 55 has the clerk enter a default when a party fails to plead or otherwise defend, lets the clerk enter default judgment directly for a sum-certain claim against an adult who isn't incompetent, otherwise requires the court to enter it (with notice if the defaulted party has appeared, and safeguards for minors and incompetent persons), and lets a default or default judgment be set aside for good cause or under Rule 60(b).
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 for a sum that can be made certain by computation, the clerk—on the plaintiff's request, with an affidavit showing the amount due— shall enter judgment for that amount and costs against a defendant who has been defaulted for appearing and who is neither a minor nor an incompetent person.
(2) By the court. In all other cases, the party shall apply to the court for a default judgment. A default judgment shall be entered against, a minor or incompetent 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 shall 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 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.
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
When a party stops defending a case — no answer, no motion, nothing — Rule 55 starts with the clerk entering that party's default once the failure is shown by affidavit or otherwise. That default alone doesn't end the case; it opens the door to a default judgment.
Getting that judgment depends on the claim. If the plaintiff's claim is for a sum certain, or a sum a simple computation can make certain, the clerk can enter judgment directly, for that amount plus costs, against a defaulted defendant who isn't a minor or incompetent person. Every other case needs the court's involvement: the party asks the court for a default judgment, and if the defaulted party has appeared in the case personally or through a representative, that party gets written notice of the hearing at least 7 days ahead. A default judgment against a minor or incompetent person can only be entered if a guardian, conservator, or other fiduciary has appeared for them. Before entering or carrying out judgment, the court can hold hearings or refer matters out — while preserving any jury-trial right — to take an accounting, determine damages, establish an allegation's truth, or investigate anything else that needs sorting out.
None of this is necessarily final. The court can set aside an entry of default for good cause, and can set aside a final default judgment the same way Rule 60(b) allows any other judgment to be set aside. And entering a default judgment follows Rule 58 like any other judgment.
Frequently Asked Questions
What happens if a defendant never answers or otherwise responds to a complaint?
The clerk enters that party's default once the failure to plead or defend is shown by affidavit or otherwise — the first step toward a default judgment, not the judgment itself.
Can the clerk enter a default judgment without the court's involvement?
Only if the plaintiff's claim is for a sum certain (or one a simple computation can make certain) and the defaulted defendant is neither a minor nor an incompetent person. Every other case needs the court to enter the judgment.
What protections apply to a default judgment against a minor or incompetent person?
It can only be entered if a general guardian, conservator, or similar fiduciary has appeared on that person's behalf.
Can a default judgment be reversed after it's entered?
Yes. An entry of default can be set aside for good cause, and a final default judgment can be set aside under Rule 60(b).
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 55). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: entry of defaultdefault judgmentsetting aside a defaultsum certain default judgment