Request for Clerk’s Default Judgment (Sum Certain)

When the request for clerk's default judgment is used

Timing: after the clerk has entered the defendant's default. 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

• 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 (Rule 55(b)(1)).
• In all other cases, the party must apply to the court for a default judgment (Rule 55(b)(2)).
• In any case in which the defendant does not appear, the Servicemembers Civil Relief Act requires the plaintiff, before the court enters judgment, to file an affidavit stating whether or not the defendant is in military service (or that the plaintiff cannot determine this); a signed statement under penalty of perjury may be used instead (50 U.S.C. § 3931(a), (b)(1), (b)(4)).

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(b)(1) online. Also, the federal judiciary publishes the current rules and recent amendments.

The request for clerk's default judgment in state court

This page covers the federal version. In state court, the request for clerk's 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.

Related procedures

Similarly, these procedures often come up alongside it:

• Entry of Default and Default Judgment: the two-step procedure that applies when a party against whom relief is sought has failed to plead or otherwise defend.
• Motion to Set Aside a Default (Motion to Vacate Default): a request to undo an entry of default, or a default judgment.
• Request (Court Filing): a paper asking the court or the clerk to take an action. Many courts use "request" in the name of specific filings — for example a request for judicial notice, a request for entry of default or a request for a hearing — while others call the same filing a motion or an application.

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.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Examples from the largest state court systems

Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.

Find the rule in your state

In your state's rules, look for the rule on request for clerk’s default judgment (sum certain). In states that number their rules like the federal rules, it is often the same rule number as the federal rule.