(a) Entering a Default.
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.
(b)
Entering a Default Judgment.
(1) By the Clerk.
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, with an affidavit showing the amount
due — must enter judgment for that amount and
costs against a defendant who has been
defaulted for not appearing and who is neither a
minor nor an incompetent person.
(2) By the Court.
In all other cases, the party must
apply to the court for a default judgment. A
default judgment may be entered against a
minor or incompetent person only if represented
by a general guardian, conservator, or other like
fiduciary who has appeared. 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 application at least 7 days before
the hearing. The court may conduct hearings or
make referrals — preserving any federal
statutory right to a jury trial — when, to enter or
effectuate judgment, it needs to:
(A) conduct an accounting;
(B) determine the amount of damages;
(C) establish the truth of any allegation by
evidence; or
(D) investigate any other matter.
(c)
Setting Aside a Default or a Default Judgment.
The court may set aside an entry of default for good
cause, and it may set aside a default judgment under Rule 60(b).
(d)
Judgment Against the United States.
A default
judgment may be entered against the United States,
its officers, or its agencies only if the claimant
establishes a claim or right to relief by evidence that
satisfies the court.