Default; 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. [Not used.] (2) By the Court. The party must apply to the court for a default judgment. A default judgment may be entered only if the claimant establishes a claim or right to relief by evidence that satisfies the court. 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 by or or party judgment personally is sought has a default a appeared representative, its that 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 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 final default judgment under RCFC 60(b). (d) Judgment Against the United States. [Not used.] (As revised and reissued May 1, 2002; as amended Nov. 3, 2008, Jan. 11, 2010, Aug. 1, 2016.) Rules Committee Notes 2002 Revision RCFC 55 recognizes the distinction between entry of default and entry of judgment for default. Substantial changes were made. The language in former subdivision (b)(1), permitting entry of default judgment by the clerk, is omitted. Additionally, the protection previously afforded only to the United States—prohibiting entry of default judgments absent a showing by the claimant of a right to relief by evidence satisfactory to the court—is expanded to include all parties. Judgment requires proof and involvement of the court. 2008 Amendment The language of RCFC 55 has been amended to conform to the general restyling of the FRCP. In addition, in further conformance with FRCP 55, former subdivision (d) (“Plaintiffs; Counterclaimants”) has been omitted as incomplete and unnecessary. 2010 Amendment The time period of 3 days formerly set forth in RCFC 55(b)(2) has been changed to 7 days in accordance with the corresponding change to FRCP 55(b)(2) that became effective December 1, 2009. 2016 Amendment RCFC 55 has been amended in accordance with the corresponding change to FRCP 55 that became effective December 1, 2015.