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§ Rule 55. Default

Codes > District of Columbia Official Code > Superior Court > VII. Judgment > Rule 55.

Rule 55. Default

 

(a) Entry.When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these Rules, the Clerk or the Court shall enter the party's default. Any order of default entered sua sponte, including a default for failure to respond to the complaint within the time prescribed in Rule 12(a), shall not take effect until fourteen (14) days after the date on which it is docketed and shall be vacated upon the granting of a motion filed by defendant within such 14 day period showing good cause why the default should not be entered. Before an order of default is issued, the time to plead or otherwise defend may be extended by one of the following:

 

(1) An order granting a motion which shows good cause for such an extension.

 

(2) A praecipe, signed by the plaintiff(s) and defendant(s) in question or their attorneys of record and filed with the Court, which provides for a one-time extension of not more than 20 days within which to plead or otherwise respond.

 

(b) Judgment.Judgment by default may be entered as follows:

 

(1) By the Clerk. When the plaintiff's claim against a defendant is for a sum certain or for a sum which can by computation be made certain, and the plaintiff shall have filed a complaint verified by the plaintiff or by the plaintiff's agent, or shall have thereafter filed and served on the defendant in the manner prescribed in Rule 5 an affidavit executed by the plaintiff or the plaintiff's agent verifying the complaint, and such verified complaint or affidavit shall have set out the sum claimed to be due exclusive of all set-offs and just grounds of defense, and a copy of said verified complaint or affidavit shall have been served upon the defendant at least 20 days prior to the request for judgment, the Clerk, upon request of the plaintiff or the plaintiff's attorney made no more than 60 days after default is entered, shall enter judgment for that amount and costs against the defendant if the defendant is in default for failure to appear as provided in Rule 12, and if the plaintiff or the plaintiff's attorney, at the time of requesting the judgment, shall have filed, for each defendant who is an individual, a Form CA 114 that complies with the Servicemembers Civil Relief Act (2003) (50 U.S.C. App. § 501 et seq.); but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or such representative who has appeared therein. The plaintiff's failure to comply with the provisions of this paragraph shall result in the dismissal without prejudice of the complaint. If the Form CA 114 filed by the plaintiff indicates that the defendant is in the military or that his or her military status is unknown, the Court shall follow the procedures set forth in Section 201 of the Servicemembers Civil Relief Act (2003) (50 U.S.C. App. § 521).

 

(2) By the Court. In all other cases the party entitled to a judgment by default shall apply by motion to the Court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other such representative who has appeared therein. If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party's representative) shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application. If, in order to enable the Court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the Court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as required by any applicable statute. If the party against whom judgment by default is sought has not appeared in the action, a Form CA 114 that complies with the Servicemembers Civil Relief Act (2003) (50 U.S.C. App. § 501 et seq.), must be filed for each defendant who is an individual before judgment by default may be entered by the Court. If the Form CA 114 indicates that the defendant is in the military or that his or her military status is unknown, the Court shall follow the procedures set forth in Section 201 of the Servicemembers Civil Relief Act (2003) (50 U.S.C. App. § 521).

 

(c) Setting Aside Default.For good cause shown, and upon the filing of a verified answer setting up a defense sufficient if proved to bar the claim in whole or in part, the Court may set aside an entry of default. No answer need be filed if the movant accompanies the motion with a settlement agreement or a proposed consent judgment signed by both parties. In addition, an answer shall not be required when the movant asserts a lack of subject-matter or personal jurisdiction or when the default was entered after the movant had filed an answer.

 

(d) Plaintiffs, Counterclaimants, Cross-Claimants.The provisions of this Rule apply whether the party entitled to the judgment by default is a plaintiff, a 3rd-party plaintiff, or a party who has pleaded a cross-claim or counterclaim. In all cases a judgment by default is subject to the limitations of Rule 54(c).

 

(e) Judgment Against the United States or the District of Columbia.No judgment by default shall be entered against the United States or the District of Columbia, or an officer or agency of either, unless the claimant establishes a claim or right to relief by evidence satisfactory to the Court.