(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, 2017 · Last verified July 14, 2026
In one sentenceRule 55 lets the clerk record a defendant's default when that party fails to plead or otherwise defend, and then routes the case toward a default judgment entered either by the clerk for a fixed-sum claim or by the court in every other situation, with extra safeguards for minors, incompetent persons, and 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 incompetent 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 incompetent person only if represented by a guardian, guardian ad litem, trustee, 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.
(d) Judgment Against 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.
Amendment History
Added February 2, 2017, effective March 1, 2017.
Plain-English Summary
Default under Rule 55 happens in two stages. First, once an affidavit or other proof shows that a defendant has failed to plead or otherwise defend, the clerk enters the default on the record. Second, someone has to turn that default into a real judgment. If the claim is for a fixed dollar amount or one a simple calculation can pin down, and the defaulted defendant is not a minor or an incompetent person and never appeared, the clerk can enter judgment directly on an affidavit showing the amount owed. Every other case — anything requiring judgment calls about damages, proof of allegations, or an accounting — goes to the court instead, and if the defaulting party did appear in the case, that party is entitled to seven days’ notice before any hearing on the judgment.
The rule builds in protection for parties who cannot fully protect themselves: a default judgment against a minor or incompetent person is only valid if a guardian, trustee, or similar fiduciary has appeared on their behalf. A default judgment against the State of Wyoming or its officers requires the claimant to prove the claim to the court’s satisfaction — the state cannot be defaulted into losing on the papers alone. And nothing about this process is final in the harsh sense: a court can set aside an entry of default for good cause, and a completed default judgment can still be undone under Rule 60(b).
Frequently Asked Questions
What is 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 otherwise defend — it is a procedural marker, not a win. A default judgment is the actual award of relief, which comes later and may require a court hearing.
Can the clerk enter a default judgment without a court hearing?
Yes, but only in a narrow situation: the claim must be for a sum certain or a sum a simple calculation can establish, and the defendant must have never appeared and be neither a minor nor an incompetent person. Everything else goes to the court.
What if the defendant appeared in the case before defaulting?
Then that party is entitled to written notice of the default judgment application at least seven days before any hearing, even though they are already in default.
Can I get a default judgment against a minor?
Only if a guardian, guardian ad litem, trustee, conservator, or similar fiduciary has appeared on the minor's behalf. A default judgment cannot be entered against an unrepresented minor or incompetent person.
How do I undo a default judgment entered against me?
A court can set aside an entry of default for good cause, and a final default judgment can be set aside under the standards in Rule 60(b).
Source & verification. Rule text and amendment history are
reproduced verbatim from the Wyoming Rules of Civil Procedure, adopted by the
Supreme Court of Wyoming. Last verified July 14, 2026. ·
Official source
Also known as: entry of defaultdefault judgment motionsetting aside defaultdefault judgment against a minorclerk default sum certain