What is the proper next step after a default is entered by the clerk under Rule 55?

Prepare for the Civil Procedure 1 Exam. Use multiple choice questions and detailed explanations to enhance understanding. Get ready to ace your test!

Multiple Choice

What is the proper next step after a default is entered by the clerk under Rule 55?

Explanation:
After a clerk enters a default under Rule 55, liability is established, but relief must be obtained through a default judgment. The proper next step is for the plaintiff to ask the court to enter a default judgment. If the amount sought is a sum certain or can be computed from sworn statements, the clerk may enter that judgment on the plaintiff’s application. If not, the plaintiff must file a motion for default judgment with the judge, and the court will determine damages, sometimes after a hearing. Automatic relief, immediate collection, or dismissal aren’t appropriate steps at this stage.

After a clerk enters a default under Rule 55, liability is established, but relief must be obtained through a default judgment. The proper next step is for the plaintiff to ask the court to enter a default judgment. If the amount sought is a sum certain or can be computed from sworn statements, the clerk may enter that judgment on the plaintiff’s application. If not, the plaintiff must file a motion for default judgment with the judge, and the court will determine damages, sometimes after a hearing. Automatic relief, immediate collection, or dismissal aren’t appropriate steps at this stage.

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