Pleadings and Motions
Dispositive Motions
The clerk enters default on a showing that the defendant failed to plead or defend. Default judgment follows, entered by the clerk for a sum certain or by the court otherwise. Relief is limited to what the complaint demanded.
Defaults may be set aside for good cause.
Alternative Names:
Entry of Default, Default Judgment
Why it Matters?
Setting aside an entry of default requires only good cause, while vacating a default judgment requires satisfying Rule 60(b), which is substantially harder. That difference makes prompt action essential when a default is discovered. Courts favor merits resolution and set aside defaults readily where the defendant acted quickly, had a meritorious defense, and the plaintiff suffers no prejudice.
Frequently Confused with
Related terms
Frequently asked questions
Is setting aside a default judgment harder than an entry of default?
What limits default relief?
