Default and Default Judgment

(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. (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 by computation be made certain, the clerk—on plaintiff’s request, with an affidavit of the amount due—must enter judgment for that amount and costs against the defendant who has been defaulted for not appearing and who is neither a minor nor an incapacitated 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 incapacitated 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 the party’s representative must be served with written notice of the application for judgment at least 7 days prior to 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. (c) Setting Aside Default. The court may set aside an entry of default for good cause, and it may set aside a final judgment under Rule 60(b). (d) Default Judgment Damages. In all cases, a default judgment is subject to the limitations of Rule 54(c). (e) Plaintiffs, Counterclaimants, Crossclaimants. 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 crossclaim or counterclaim. (f) Judgment Against the 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 satisfactory to the court. [Amended; effective October 29, 2024.]