A motion for default judgment in federal court is the second of two steps. First the clerk enters the defendant's default under Rule 55(a). Then the plaintiff applies for judgment under Rule 55(b), almost always to the judge, who has discretion to say no.
Before granting the motion, expect the judge to check jurisdiction, service, the complaint's well-pleaded facts and the proof of damages, plus the SCRA military-service affidavit when the defendant has not appeared. FRCP 55 is also the subject of a proposed amendment published in August 2026, covered at the end.
Entry of default vs. default judgment
Rule 55(a) says: "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."
That is the whole of step one. It is a ministerial notation on the docket. It does not award a dollar, and it does not end the defendant's ability to show up. The Ninth Circuit put the structure bluntly in a case where the plaintiff assumed a missed answer deadline required judgment: he "apparently fails to understand the two-step process required by Rule 55." Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986).
| Entry of default | Default judgment | |
|---|---|---|
| Rule | 55(a) | 55(b)(1) or 55(b)(2) |
| Who acts | Clerk | Clerk (narrow cases) or court |
| What it decides | The defendant failed to plead or defend | Liability and relief |
| Effect | Defendant is in default; can move to set aside for good cause under 55(c) | Final judgment, if it disposes of all claims; vacatur needs Rule 60(b) |
| Discretion | None for the clerk, today | Court's discretion under 55(b)(2) |
The trigger is a failure to "plead or otherwise defend," not just a missed answer. A defendant who answers late but before default is entered, or who files a motion under Rule 12, has defended. The 21-day answer clock under Rule 12(a)(1)(A)(i) runs from service of the summons and complaint, and counting it correctly comes before any default request. For the defendant's side of that clock, see our guide to answering a complaint.
Rule 55(b)(1): the clerk's judgment is narrow and rare
Rule 55(b)(1) lets the clerk enter judgment only if the claim "is for a sum certain or a sum that can be made certain by computation," on the plaintiff's request "with an affidavit showing the amount due," and only "against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person."
Each condition rules out common cases. A claim for unliquidated damages, an attorney fee award that needs a reasonableness finding, or disputed interest does not qualify. A defendant who made any appearance is out. In Eitel the plaintiff asked the clerk for judgment, but because the defendant had filed a notice of appearance, "entry of judgment by the clerk under Rule 55(b)(1) as requested by Eitel would have been improper." The court, not the clerk, had to act.
Do not treat clerk judgment as the normal path. The Advisory Committee's own report, drawing on a Federal Judicial Center study, says default judgments are now below 2% of federal civil case terminations, and the proposed Committee Note adds that "entry of default judgment by the clerk is now rare."
What judges check on a motion for default judgment in federal court
Every other case goes to the judge. Rule 55(b)(2) says "the party must apply to the court for a default judgment," and adds that if the defendant "has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing." The court may also hold hearings or make referrals to conduct an accounting, determine damages, establish the truth of any allegation by evidence, or investigate any other matter.
A careful judge works through six questions, roughly in this order.
1. Jurisdiction. The court has an independent interest in not entering a void judgment. Expect it to look at subject-matter jurisdiction and at personal jurisdiction over the defaulting defendant, even though no one has raised either. The Ninth Circuit calls it "an affirmative duty to look into its jurisdiction over both the subject matter and the parties." In re Tuli, 172 F.3d 707, 712 (9th Cir. 1999). A default does not cure a jurisdictional defect, and a judgment entered without jurisdiction is exposed to a Rule 60(b)(4) motion later.
2. Service. The motion should show proper service under Rule 4 with the proof of service on file. A default entered on defective service is exposed to later attack. Put the return of service and the date the response was due in the declaration.
3. Well-pleaded facts, not conclusions. Default admits what the complaint properly alleges. It does not admit everything. The Fifth Circuit's formulation is widely followed: "The defendant is not held to admit facts that are not well-pleaded or to admit conclusions of law." Nishimatsu Construction Co. v. Houston National Bank, 515 F.2d 1200, 1206 (5th Cir. 1975). The same opinion says a default is not "an absolute confession by the defendant of his liability and of the plaintiff's right to recover." So the judge reads your complaint as if it faced a motion to dismiss: if the claim fails on its own allegations, the default does not save it.
4. Damages, which are not admitted. "The general rule of law is that upon default the factual allegations of the complaint, except those relating to the amount of damages, will be taken as true." TeleVideo Systems, Inc. v. Heidenthal, 826 F.2d 915, 917-18 (9th Cir. 1987) (quoting Geddes v. United Financial Group, 559 F.2d 557, 560 (9th Cir. 1977)). Prove the number with declarations, invoices, payroll records, or a fee affidavit. The ceiling is Rule 54(c): "A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings." If the complaint prayed for $50,000, a default judgment for $75,000 is not available, however good the proof.
5. The military-service affidavit. Under the Servicemembers Civil Relief Act, in a civil action where the defendant does not appear, the court must require the plaintiff to file an affidavit stating whether the defendant is in military service and showing the facts, or stating that the plaintiff cannot determine the defendant's status. 50 U.S.C. § 3931(b)(1). If the defendant appears to be in military service, the court may not enter judgment until it appoints an attorney to represent the servicemember. Id. § 3931(b)(2). Attach it every time; the statute requires it before the court enters judgment.
6. Notice and the other parties. If the defendant has appeared at any point, serve the 7-day notice. With several defendants, be careful about judgment against one defaulting defendant while the case goes on against the others. The Supreme Court held in Frow v. De La Vega, 82 U.S. (15 Wall.) 552, 554 (1872), that where defendants are jointly charged, "a final decree on the merits against the defaulting defendant alone, pending the continuance of the cause, would be incongruous and illegal." Some circuits apply Frow beyond joint liability, to defendants who are similarly situated. Gulf Coast Fans, Inc. v. Midwest Electronics Importers, Inc., 740 F.2d 1499, 1512 (11th Cir. 1984); In re First T.D. & Investment, Inc., 253 F.3d 520, 532 (9th Cir. 2001). Check your circuit's reading before seeking judgment against one of several.
Discretion: the Eitel factors and other circuit tests
Entry of default does not entitle the plaintiff to judgment. The Ninth Circuit's list, from Eitel, is the one most often borrowed:
- the possibility of prejudice to the plaintiff;
- the merits of the plaintiff's substantive claim;
- the sufficiency of the complaint;
- the sum of money at stake;
- the possibility of a dispute concerning material facts;
- whether the default was due to excusable neglect; and
- "the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits."
Read Eitel before a plaintiff cites it. The Ninth Circuit affirmed the denial of default judgment: the plaintiff sought nearly $3 million, the pleadings showed disputed facts, and the defendant's silence looked like excusable neglect because the parties had been in settlement talks. Its starting point was "the general rule that default judgments are ordinarily disfavored."
Other circuits use their own formulations, and not every circuit has adopted the Eitel list. Find the controlling statement for your court, then check it. Our guide to finding controlling authority walks through that, and CaseRead's research chat can pull the circuit's default-judgment cases for the matter you are working on.
A short checklist before you file
- Clerk's entry of default on the docket, with the date the response was due
- Complaint pleads each element with facts, not labels
- Proof of service and the facts supporting personal jurisdiction
- SCRA affidavit
- Declaration proving damages, with exhibits, within the Rule 54(c) demand
- Written notice served at least 7 days before any hearing, if the defendant ever appeared
- Local rule compliance: many districts require a separate proposed order, a certificate of mailing, or a two-step motion format
The defendant's side, briefly
A defaulted defendant's remedy depends on timing. Before judgment, under Rule 55(c), the court "may set aside an entry of default for good cause." After a final default judgment, relief runs through Rule 60(b). Rule 60(c)(1) requires a motion within a reasonable time, and "for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding." Grounds (4) through (6), including a void judgment for defective service, carry no one-year cap, only the reasonable-time requirement. The 2015 committee note adds that a default judgment that does not dispose of all claims is not final until the court directs entry under Rule 54(b), and until then it can be revised at any time. Our guide to setting aside a default judgment covers that side in depth, and the general mechanics overlap with a motion for reconsideration.
A pending change: the clerk would get discretion
On August 14, 2026, the federal rules committees published a proposed amendment to Rule 55. In Rule 55(a) and (b)(1), the clerk's command ("must enter") becomes "may either" enter the default or judgment "or refer the matter to the court for directions." The committee's report and note explain that a clerk may be unsure whether service was proper or whether a claim is a sum certain, especially where interest or attorney fees are involved. Rule 55(b)(2) changes only from "the party" to "a party."
This is a proposal, not the law. Comments are due by February 15, 2027. If approved at each stage, it would take effect no earlier than December 1, 2028. Today's text still says "must." The published proposal is on uscourts.gov.
Frequently asked questions
What is the difference between entry of default and default judgment?
Entry of default under Rule 55(a) is the clerk's record that the defendant failed to plead or otherwise defend. It awards nothing. Default judgment under Rule 55(b) is the separate step that actually grants relief, and in nearly every case it requires an application to the court.
Does the court have to grant a default judgment once default is entered?
No. Entry of default does not entitle the plaintiff to judgment. The court has discretion under Rule 55(b)(2), and the Ninth Circuit's Eitel factors, such as the merits of the claim, the sum at stake and whether the default was excusable, are routinely used to decide. Default judgments are disfavored in many circuits.
Can the clerk enter default judgment?
Only under Rule 55(b)(1), and only if the claim is for a sum certain or a sum that can be made certain by computation, with an affidavit of the amount due. The defendant must have been defaulted for not appearing and must not be a minor or an incompetent person. Everything else goes to the judge.
Do I have to give the defendant notice of a motion for default judgment?
If the defendant has appeared personally or through a representative, Rule 55(b)(2) requires written notice of the application at least 7 days before the hearing. A defendant who has never appeared is not entitled to that notice under the rule, though local rules in some districts require service of the motion anyway.
Is a plaintiff's damages figure automatically accepted on default?
No. A default admits well-pleaded facts of liability, but not the amount of damages. Rule 54(c) caps relief at what the pleadings demand, and the court may require an accounting, a hearing or evidence under Rule 55(b)(2). Plaintiffs should file declarations and exhibits proving the amount with the motion.
Check the motion's citations before it goes in
A default motion is usually unopposed, so no opposing brief will catch a bad citation. The court is the only reader checking your authority. Run the draft through the Hallucination Shield before filing. It is free, needs no signup, checks up to 50 citations per run, and flags any it cannot verify.
This article is for general information and is not legal advice. For guidance on a specific case, consult a licensed attorney in your jurisdiction.