(a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default.
(b) Judgment. Judgment by default may be entered as follows:
(1) By the Clerk. When the plaintiff’s claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upon affidavit of the amount due shall enter judgment for that amount and costs against the defendant, if the defendant has been defaulted for failure to appear and is not an infant or incompetent person.
(2) By the Court. In all other cases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other such representative who has appeared therein. If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party’s representative) shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as required by any statute of the United States.
(c) Setting Aside Default. For good cause shown the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 60(b).
(d) Plaintiffs, Counterclaimants, Cross -Claimants. The provisions of this rule apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim. In all cases a judgment by default is subject to the limitations of Rule 54(c).
(e) Judgment Against the United States. No judgment by default shall be entered against the United States or an officer or agency thereof unless the claimant establishes a claim or right to relief by evidence satisfactory to the court.
(As amended Mar. 2, 1987, eff. Aug. 1, 1987.)
added in current removed in current
Compared to current version (2025).
(a) Entryering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear, and that failure is shown by affidavit or otherwise, the clerk shallmust enter the party’s default.
(b) Judgment. Judgment by default may be entered as follows:Entering a Default Judgment.
(1) By the Clerk. WhenIf the plaintiff’s claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upothat can be made certain by computation, the clerk- on the plaintiff’s request, with an affidavit ofshowing the amount due shall-must enter judgment for that amount and costs against thea defendant, if the defendant who has been defaulted for failure tonot appearing and is not an infant orwho is neither a minor nor an incompetent person.
(2) By the Court. In all other cases, the party entitled to a judgment by default shallmust apply to the court therefor; but nofor a default judgment by. A default shalljudgment may be entered against an infant minor or incompetent person uonlessy if represented in the action by a general guardian, committee, conservator, or other such representativelike fiduciary who has appeared therein. If the party against whom judgment by defaula default judgment is sought has appeared in the action, the partpersonally (or, if appearing by a representative, theat party’ or its representative) shall must be served with written notice of the application for judgment at least 37 days prior tobefore the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take. The court may conduct hearings or make referrals- preserving any federal statutory right to a jury trial-when, to enter or effectuate judgment, it needs to:
(A) conduct an account or toing;
(B) determine the amount of damages or to;
(C) establish the truth of any avermentllegation by evidence; or to make an
(D) investigation ofe any other matter, the court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as required by any statute of the United States.
(c) Setting Aside a Default. For good cause shown t or a Default Judgment. The court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 60(b).
(d) Plaintiffs, Counterclaimants, Cross -Claimants. The provisions of this rule apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim. In all cases a judgment by default is subject to the limitations offor good cause, and it may set aside a final default judgment under Rule 54(c60(b).
(ed) Judgment Against the United States. NoA default judgment by default shallmay be entered against the United States or an, its officers, or its agency thereof unlessies only if the claimant establishes a claim or right to relief by evidence that satisfactory toies the court.
(As amended Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 29, 2015, eff. Dec. 1, 2015.)