Also known as: FRCP 55 · Fed. R. Civ. P. 55 · Federal Rule of Civil Procedure 55 · default judgment · entry of default
Written by attorneys · grounded in primary & secondary sources — see below
A federal rule of civil procedure that authorizes the clerk to enter default when a party fails to plead or otherwise defend and permits the clerk or court to enter default judgment against that party.
Rosalind Reed sued Ronald Reed for breach of contract seeking exactly $50,000 in damages. Ronald failed to answer and the clerk entered default. Rosalind then requested judgment for $50,000 plus an injunction barring future competition. The court refused the injunction because it differed in kind from the relief demanded in the complaint.
Roberto Reyes sued Rachel Ramirez for unpaid invoices totaling a sum certain. Rachel never answered and the clerk entered default. Rachel promptly moved to set aside the entry, showing good cause through excusable neglect and a meritorious defense that the invoices had been paid. The court granted the motion under the good cause standard.
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Rita Russell filed a state court action to dissolve her marriage but could not afford the filing fee required to serve process. The court refused to waive the fee and later entered default against her spouse. The Supreme Court held that the fee requirement violated due process by denying a meaningful opportunity to be heard before a default judgment terminated the marriage.
Ruby Rivera sued Ridgeway Partners in federal court under diversity jurisdiction. The defendant failed to answer and the clerk entered default. State law would have required additional steps before default judgment, but the federal district court applied Rule 55 to enter judgment without those steps.
Radiant Technologies sued Raven Logistics under a contract containing a clause designating an agent for service. After proper service on the agent, Raven failed to appear. The court entered default judgment, holding that the contractual designation satisfied due process and supported the default.
Reliance Insurance sued Roberto Reyes and he failed to appear or contest personal jurisdiction. The court entered default judgment. Reyes later challenged jurisdiction, but the Supreme Court held that failure to raise the defense before default constituted waiver of the personal jurisdiction objection.
The clerk may enter default judgment when the claim is for a sum certain or one that can be made certain by computation, the defendant has failed to appear, and the plaintiff supplies a proper affidavit. The amount must appear on the face of the complaint and require no further proof.
A defendant must demonstrate good cause, which includes reasonable reliance on another party to defend, prompt action after default, and a meritorious defense that would preclude liability if believed. Courts favor resolution on the merits when these elements are met.
No. Only a formal pleading or motion filed with the court satisfies the obligation to plead or otherwise defend. A telephone call or other informal objection does not qualify and the clerk must still enter default.
No. Rule 54(c) prohibits a default judgment from differing in kind from or exceeding the amount demanded in the pleadings. Any additional relief such as an injunction or emotional distress damages requires court involvement rather than clerk entry.
No. The clerk acts on the showing made at the time of the application. A tardy answer does not undo a default that has already occurred or block entry based on the prior failure to plead or defend.
…were considered not to be an appealable final judgment, 28 U. S. C. § 1257 (2), appellants would have the choice of suffering a default judgment or entering a general appearance and defending on the merits. This case is in the same posture as was Cox Broadcasting Corp. v. Cohn , 420 U. S. 469, 485 (1975): "The [Delaware] Supreme…