Under Rule 55(a), what condition allows the clerk to enter a default?

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Multiple Choice

Under Rule 55(a), what condition allows the clerk to enter a default?

Explanation:
Under Rule 55(a), the clerk can enter a default when a party against whom a judgment for affirmative relief is sought has failed to plead or defend as provided by the rules, after proper service. In other words, if the defendant has been served but does not file a responsive pleading or otherwise defend within the time allowed, and has not appeared in the action, the clerk may record a default. If the defendant has appeared, default cannot be entered by the clerk because appearance indicates the defendant is defending the suit. The plaintiff may then seek a default judgment under Rule 55(b). The other scenarios—no complaint filed by the plaintiff or the court lacking jurisdiction—do not trigger a clerk’s entry of default.

Under Rule 55(a), the clerk can enter a default when a party against whom a judgment for affirmative relief is sought has failed to plead or defend as provided by the rules, after proper service. In other words, if the defendant has been served but does not file a responsive pleading or otherwise defend within the time allowed, and has not appeared in the action, the clerk may record a default. If the defendant has appeared, default cannot be entered by the clerk because appearance indicates the defendant is defending the suit. The plaintiff may then seek a default judgment under Rule 55(b). The other scenarios—no complaint filed by the plaintiff or the court lacking jurisdiction—do not trigger a clerk’s entry of default.

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