Scribd Logo
Upload

Welcome to Scribd!

  • 50 views

    Rule 55. Default Default Judgment: Ntering A Efault

    Uploaded by

    Irene Quimson
    Rule 55 outlines the process for entering default and default judgments. It states that the clerk must enter a party's default if they fail to plead or defend against a claim. For claims with a sum certain, the clerk can enter default judgment with an affidavit showing the amount owed. In other cases, the party must apply to the court. The court can conduct hearings or referrals as needed to determine damages or investigate other matters before entering default judgment. The court may also set aside an entry of default or default judgment under certain conditions. Default judgment against the US requires the claimant to establish their claim with evidence satisfying the court.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Rule 55. Default Default Judgment: Ntering A Efault

    Uploaded by

    Irene Quimson
    50 views1 page
    Rule 55 outlines the process for entering default and default judgments. It states that the clerk must enter a party's default if they fail to plead or defend against a claim. For claims with a sum certain, the clerk can enter default judgment with an affidavit showing the amount owed. In other cases, the party must apply to the court. The court can conduct hearings or referrals as needed to determine damages or investigate other matters before entering default judgment. The court may also set aside an entry of default or default judgment under certain conditions. Default judgment against the US requires the claimant to establish their claim with evidence satisfying the court.

    Original Description:

    ss

    Original Title

    Rule 55

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Rule 55 outlines the process for entering default and default judgments. It states that the clerk must enter a party's default if they fail to plead or defend against a claim. For claims with a sum certain, the clerk can enter default judgment with an affidavit showing the amount owed. In other cases, the party must apply to the court. The court can conduct hearings or referrals as needed to determine damages or investigate other matters before entering default judgment. The court may also set aside an entry of default or default judgment under certain conditions. Default judgment against the US requires the claimant to establish their claim with evidence satisfying the court.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    50 views1 page

    Rule 55. Default Default Judgment: Ntering A Efault

    Uploaded by

    Irene Quimson
    Rule 55 outlines the process for entering default and default judgments. It states that the clerk must enter a party's default if they fail to plead or defend against a claim. For claims with a sum certain, the clerk can enter default judgment with an affidavit showing the amount owed. In other cases, the party must apply to the court. The court can conduct hearings or referrals as needed to determine damages or investigate other matters before entering default judgment. The court may also set aside an entry of default or default judgment under certain conditions. Default judgment against the US requires the claimant to establish their claim with evidence satisfying the court.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Rule 55.

    Default; Default Judgment


    (a) ENTERING A DEFAULT. When a party against whom a judgment for affirmative relief is
    sought has failed to plead or otherwise defend, and that failure is shown by affidavit or
    otherwise, the clerk must enter the party's default.
    (b) ENTERING A DEFAULT JUDGMENT.
    (1) By the Clerk. If the plaintiff's claim is for a sum certain or a sum that can be
    made certain by computation, the clerkon the plaintiff's request, with an affidavit
    showing the amount duemust 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.
    (2) By the Court. In all other cases, the party must apply to the court for a default
    judgment. A default judgment may be entered against a minor or incompetent
    person only if represented by a general guardian, conservator, or other like fiduciary
    who has appeared. If the party against whom a default judgment is sought has
    appeared personally or by a representative, that party or its representative must be
    served with written notice of the application at least 7 days before the hearing. The
    court may conduct hearings or make referralspreserving any federal statutory right
    to a jury trialwhen, to enter or effectuate judgment, it needs to:
    (A) conduct an accounting;
    (B) determine the amount of damages;
    (C) establish the truth of any allegation by evidence; or
    (D) investigate any other matter.
    (c) SETTING ASIDE A DEFAULT OR A DEFAULT JUDGMENT. The court may set aside an entry of
    default for good cause, and it may set aside a default judgment under Rule 60(b).
    (d) JUDGMENT AGAINST THE UNITED STATES. A default judgment may be entered against the
    United States, its officers, or its agencies only if the claimant establishes a claim or
    right to relief by evidence that satisfies the court.
    NOTES
    (As amended Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007; Mar.
    26, 2009,

    You might also like