Rule 55 – Default Judgments

May 15, 2021 | Delaware, Family Law

(a) Judgment. When a party against whom a judgment for affirmative relief is sought has failed to appear, plead or otherwise defend as provided by these Rules, and that fact is made to appear, judgment by default may be entered. A party entitled to a judgment by default shall apply to the Court therefor or the Court on its own motion may order a judgment by default when the interest of justice so requires; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a guardian, trustee or other representative. If the party against whom judgment by default is sought has appeared in the action, that party (or, if appearing by representative, the representative) shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application. If, in order to enable the Court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the Court may conduct such hearings or order such references as it deems necessary and proper.

(b) Setting aside default judgment. The Court may set aside a judgment by default in accordance with Rule 60(b).

(c) Petitioners, counterclaimants and cross-claimants. The provisions of this Rule apply whether the party entitled to the judgment by default is a petitioner, a third-party petitioner or a party who has pleaded a cross-claim or counterclaim.

Del. Fam. Ct. R. Civ. P. 55