Fed. R. Civ. P. 55 — Default; Default Judgment
Last verified: May 19, 2026 · U.S. Courts — FRCP.
Plain English
When a defendant is served and does not respond, Rule 55 is how the plaintiff wins by default. Two steps. First, the clerk enters default — a notation that the defendant failed to plead. Second, you get a default judgment, either from the clerk (for a sum certain) or from the court (for everything else, often after a hearing on damages). The catch: courts strongly prefer deciding cases on the merits, and a defendant can move to set aside an entry of default for “good cause” under Rule 55(c) — a more forgiving standard than vacating an actual judgment under Rule 60(b).
Key Cases & Authority
- Pioneer Investment Services v. Brunswick Associates, 507 U.S. 380 (1993) — Excusable-neglect framework that informs Rule 55(c) good-cause analysis.
- Enron Oil Corp. v. Diakuhara, 10 F.3d 90 (2d Cir. 1993) — Three-factor test for setting aside default: willfulness, meritorious defense, prejudice.
- Frow v. De La Vega, 82 U.S. 552 (1872) — Default judgment against one of multiple defendants cannot be inconsistent with the outcome for answering co-defendants.
Florida Parallel
Fla. R. Civ. P. 1.500 — Florida’s default rule is parallel, with a similar two-step clerk/court structure.
About this rule walkthrough
Part of The Federal Rule Book, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(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)(1) By the clerk. If the plaintiff’s claim is for a sum certain, the clerk — on the plaintiff’s request, with an affidavit showing the amount due — must enter judgment for that amount against a defendant who has been defaulted and who is neither a minor nor incompetent.
(b)(2) By the court. In all other cases, the party must apply to the court for a default judgment. The court may conduct hearings to determine the amount of damages.
(c) The court may set aside an entry of default for good cause, and may set aside a final default judgment under Rule 60(b).
Educational reference. This page summarizes a Federal Rule of Civil Procedure for educational purposes. It is not legal advice. Federal procedural rules can change — always verify the current text at uscourts.gov before relying on this summary in any case.
What this rule means in plain English
When a defendant is served and does not respond, Rule 55 is how the plaintiff wins by default. Two steps: clerk enters default, then default judgment from the clerk (sum certain) or court (everything else). A defendant can move to set aside entry of default for good cause — more forgiving than vacating a judgment under Rule 60(b).