Entry of Default and Default Judgment

When the entry of default and default judgment is used

Timing: after the time to respond has passed with no response. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• When the failure to plead or otherwise defend is shown by affidavit or otherwise, the clerk must enter the party's default (Rule 55(a)).
• Default judgment may then be entered by the clerk for a sum certain, or by the court in other cases (Rule 55(b)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 55(a)–(b) online. Also, the federal judiciary publishes the current rules and recent amendments.

The entry of default and default judgment in state court

This page covers the federal version. In state court, the entry of default and default judgment may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Default: a party's failure to plead or otherwise defend within the time allowed, which the clerk records as an entry of default.
• Default judgment: a judgment entered against a party who failed to plead or otherwise defend.
• Clerk of court: the court officer who maintains records, accepts filings and performs duties assigned by the rules, such as entering defaults.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Set Aside a Default: a request to undo an entry of default, or a default judgment.
• Answer: the defendant's responsive pleading. It admits or denies the allegations of the complaint and states any defenses.
• Motion for Relief from a Judgment or Order: a motion asking the court to relieve a party from a final judgment, order, or proceeding for one of the reasons listed in Rule 60(b).

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.