FRCP · Rule 55
This rule governs the process for obtaining a default judgment in federal civil litigation.
Source: FRCP Rule 55
Rule 55. Default; Default Judgment. (a) Entry. 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) 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 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. (2) By the Court. In all other cases, the party must apply to the court for a default judgment.
FRCP Rule 55 outlines the process for a plaintiff to obtain a default judgment when the defendant fails to respond or defend themselves in court. It provides procedures for both clerks and courts to follow when entering a default judgment.
The purpose of Rule 55 is to streamline the judicial process by allowing a plaintiff to secure a judgment when a defendant neglects their legal responsibilities. This avoids unnecessary delays in litigation.
Establishes the procedure for the clerk to enter a party's default when they fail to plead or defend against a complaint.
Allows the clerk to enter a default judgment for a specific amount when the claim is liquidated and can be easily calculated.
Requires the party to seek a default judgment from the court for all claims not quantifiable in a straightforward manner.
This case illustrates how Rule 55 defaults interact with state law and federal procedural rules, emphasizing the importance of proper service.
Explores the discretion courts have under Rule 55(b)(2) in determining whether to grant default judgments.
When studying for exams, be prepared to analyze fact patterns involving defaults and discuss the procedural differences between clerk and court judgments under Rule 55.