Rule 55 Default; Default Judgment

(a) ENTERING A DEFAULT.

(1) In General. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, the clerk or the court must enter the party's default.

(2) Effective Date of Default; Motion by Defendant. Any order of default entered on the court’s or the clerk’s own initiative, including a default for failure to respond to the complaint within the time prescribed in Rule 12(a), will not take effect until 14 days after the date on which it is docketed and must be vacated if the court grants a motion filed by defendant within the 14-day period showing good cause why the default should not be entered.

(3) Extension of Time to Plead or Otherwise Defend. Before an order of default is issued, the time to plead or otherwise defend may be extended by one of the following:

(A) an order granting a motion, which shows good cause for the extension; or

(B) a praecipe, signed by the parties or their representatives, and filed with the court, which provides for a one-time extension of not more than 21 days within which to plead or otherwise respond.

(b) ENTERING A DEFAULT JUDGMENT.

(1) By the Clerk. Except in an action initiated by a debt collector to collect a consumer debt as defined in D.C. Code § 28-3814, if the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk—on the plaintiff’s request— must enter judgment for that amount and costs against a defendant who has been defaulted for not responding as provided in Rule 12 if:

(A) the plaintiff filed and served a verified complaint or an affidavit verifying the complaint at least 21 days prior to the request for judgment;

(B) the verified complaint or affidavit sets out the sum claimed to be due, exclusive of all set-offs and defenses;

(C) the request for judgment is made no more than 60 days after default is entered; and

(D) the plaintiff, at the time of requesting the judgment, properly filed, for each defendant who is an individual, a Civil Action Form 114 that complies with the Servicemembers Civil Relief Act (50 U.S.C. §§ 3901-4043).

(2) By the Court. In all other cases, and no more than 60 days after default is entered, the party must apply to the court for a default judgment either by motion or by praecipe, served on all parties, requesting the setting of an ex parte proof hearing.

(A) Notice of Motion. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the motion at least 7 days before the hearing.

(B) Consumer Debt Collection Actions. In an action initiated by a debt collector to collect a consumer debt as defined in D.C. Code § 28-3814, the plaintiff must provide all documentation and information required by D.C. Code § 28-3814 prior to entry of default judgment.

(C) Servicemembers Civil Relief Act Affidavit. If the party against whom a default judgment is sought has not appeared in the action, a Civil Action Form 114 that complies with the Servicemembers Civil Relief Act (50 U.S.C. §§ 3901-4043), must be filed for each defendant who is an individual before the court may enter a default judgment.

(D) Hearings or Referrals. The court may conduct hearings or make referrals— preserving any applicable statutory right to a jury trial—when, to enter or effectuate judgment, it needs to:

(i) conduct an accounting;

(ii) determine the amount of damages;

(iii) establish the truth of any allegation by evidence; or

(iv) investigate any other matter.

(3) Minors and Incompetents. A default judgment may be entered against a minor or incompetent person only if represented by a general guardian, committee, conservator, or other like fiduciary who has appeared.

(4) Members of the Military; Military Status Unknown. If the Civil Action Form 114 filed by the plaintiff under Rule 55(b)(1) or (2) indicates that the defendant is in the military or that his or her military status is unknown, the court must follow the procedures set forth in Section 201 of the Servicemembers Civil Relief Act (50 U.S.C. § 3931).

(5) Dismissal. A plaintiff’s failure to comply with Rule 55(b)(1) or (2) will result in the dismissal without prejudice of the complaint.

(c) SETTING ASIDE A DEFAULT OR A DEFAULT JUDGMENT.

(1) By the Clerk. The clerk may set aside an entry of default or a default judgment by consent pursuant to Rule 55-III.

(2) By the Court. The court may set aside an entry of default for good cause on the filing of a verified answer setting up a defense sufficient, if proved, to bar the claim in whole or in part. The movant does not need to file an answer if the motion is accompanied by a settlement agreement or a proposed consent judgment signed by both parties. In addition, an answer is not 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. The court may set aside a final default judgment under Rule 60(b).

(d) JUDGMENT AGAINST THE UNITED STATES OR THE DISTRICT OF COLUMBIA. A default judgment may be entered against the United States, the District of Columbia, or an officer or agency of either only if the claimant establishes a claim or right to relief by evidence that satisfies the court.