Federal Rule of Civil Procedure Rule 55 governs defaults
and default judgments. It provides in pertinent
part the following:
(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.
(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 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 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
federal 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.
(c) Setting Aside a Default or a Default Judgment. The
court may set aside an entry of default for good cause, and it may set aside a
default judgment under Rule 60(b).
