13. Default (Rule 55)

Question 1

What is required for entry of default (Rule 55)?

Answer 1

1) Defendant failed to timely answer P’s complaint

2) Clerk of court sends notice to all parties

Question 2

When is judge required to enter default judgment (Rule 55)?

Answer 2

NOT certain sum of damages (by computation)

D previously appeared in hearing/filed motion
- Judge must send 7 days’ notice to D

Computation hearing required
- Require P to testify re damages + give backup docs

Question 3

When is clerk of court required to enter default judgment (Rule 55)?

Answer 3

Certain sum of damages (by affidavit)

D is NOT minor/incompetent