MBE Rules · Civil Procedure
Rule 55 — default & default judgment
FRCP 55
The rule
The clerk enters default when a defendant fails to plead or otherwise defend. The clerk may then enter default judgment only for a sum certain against a non-minor, non-incompetent, non-military defendant; all other cases require the court to enter judgment after a hearing on damages. A defaulted defendant admits liability but may still contest damages.
In plain English
Two-step process: entry of default (clerk) then default judgment (clerk or judge). Rule 55(c) permits setting aside default for good cause; setting aside a default JUDGMENT requires Rule 60(b) relief.
The trap
Confusing default (entry) with default judgment.
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