Under Rule 55, can you obtain a default judgment only by filing a Motion for Default Judgment with the Judge?

• A. Yes, always
• B. No; in some cases the Clerk can issue the default judgment without a hearing
• C. Only with a jury trial
• D. Only if the plaintiff consents

Answer: (B)

Under Rule 55 there are two tracks to a default judgment. If the defendant has failed to plead or defend and the claim is for a sum certain (or one that can be readily computed), the clerk may enter a default and, in that situation, issue a default judgment without a hearing. Only when the claim isn’t for a liquidated amount or damages aren’t readily computable does the court need to hold a hearing to determine damages before entering judgment. So you don’t have to file a Motion for Default Judgment with the Judge in every case—the clerk can issue the default judgment in the appropriate, straightforward monetary-claim scenarios.