Also known as: entries of default · entry of defaults · default entry
Written by attorneys · grounded in primary & secondary sources — see below
A notation by the court clerk recording that a defendant has failed to plead or otherwise defend after proper service of the summons and complaint. The notation prevents the defaulting party from asserting new defenses on liability but does not itself constitute a judgment. Entry occurs upon the plaintiff's request when the failure to respond is shown by affidavit or otherwise.
Emma Erickson served a federal complaint on Elemental Pharmaceuticals through its registered agent on June 1. The company directed its insurer to handle the matter but filed no answer or motion within twenty-one days. On June 25 Erickson requested entry of default, and the clerk made the notation on the docket. Elemental later moved to set the entry aside under Rule 55(c).
Colleton Preparatory Academy served Hoover Universal through its resident agent for service of process. The agent never forwarded the papers to the company, so no answer or motion was filed within the required period. The clerk entered default against Hoover Universal on the docket. Hoover later appealed the district court's refusal to vacate that entry.
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An entry of default is only a docket notation that bars new liability defenses. A default judgment is the actual award of relief that follows the entry. The clerk may enter judgment for a sum certain under Rule 55(b)(1), but other relief requires court action.
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Rule 55(c) permits the court to set aside an entry of default for good cause. Courts often find good cause from excusable neglect, a meritorious defense, or prompt action by the defendant. The standard is more lenient than the Rule 60(b) standard that applies once judgment has been entered.
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Yes. A timely Rule 12 motion constitutes defending the action and stops the clerk from entering default. The motion must be filed within the twenty-one-day period after service. Filing after that period does not retroactively cure the default.
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The plaintiff must show by affidavit or otherwise that the defendant was properly served and failed to plead or otherwise defend within the time allowed. The clerk then makes the notation on the docket. No hearing or proof of damages is required for the entry itself.
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