Rule 55 Default
Rule Text
(a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provide by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter his default.
(b) Judgment. Judgment by default may be entered upon motion of the party entitled to the judgment; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian, committed, conservator, or other such representative who has appeared therein. The moving party shall serve the party against whom judgment by default is sought (or, if the party has appeared by representative, shall serve his representative) written notice of the application for judgment at least 10 days prior to the hearing on such application. Such notice shall be in English and in Samoan. If the party against whom judgment is sought cannot be found within American Samoa, service of the notice shall be by registered or certified mail to his last known address at least 15 days prior to the hearing. 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.
(c) Setting Aside Default. For good cause shown the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with 60(b) TCRCP.
(d) Plaintiffs, Counterclaimants, Cross-Claimants. The provisions of this rule apply whether the party entitled to the judgment by default is a plaintiff, a third-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 54(c) TCRCP.
(e) Proof Required Despite Default in Certain Cases. No judgment by default shall be entered against the American Samoa Government or the United States or an officer or agency or either or against infants, incompetents, or parties to a suit for divorce or annulment of marriage unless the claimant established his claim or right to relief by evidence satisfactory to the court. Effective July 28, 1995