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Rule 2-613 – Default Judgment

May 13, 2021 | Civil Prodcedure, Maryland

(a) Parties to Whom Applicable. In this Rule, the term “plaintiff includes counter-plaintiffs, cross-plaintiffs, and third-party plaintiffs, and the term “defendant includes counter-defendants, cross-defendants, and third-party defendants.
(b) Order of Default. If the time for pleading has expired and a defendant has failed to plead as provided by these rules, the court, on written request of the plaintiff, shall enter an order of default. The request shall state the last known address of the defendant.
(c) Notice. Promptly upon entry of an order of default, the clerk shall issue a notice informing the defendant that the order of default has been entered and that the defendant may move to vacate the order within 30 days after its entry. The notice shall be mailed to the defendant at the address stated in the request and to the defendant’s attorney of record, if any. The court may provide for additional notice to the defendant.
(d) Motion by Defendant. The defendant may move to vacate the order of default within 30 days after its entry. The motion shall state the reasons for the failure to plead and the legal and factual basis for the defense to the claim.
(e) Disposition of Motion. If the court finds that there is a substantial and sufficient basis for an actual controversy as to the merits of the action and that it is equitable to excuse the failure to plead, the court shall vacate the order.
(f) Entry of Judgment. If a motion was not filed under section (d) of this Rule or was filed and denied, the court, upon request, may enter a judgment by default that includes a determination as to the liability and all relief sought, if it is satisfied (1) that it has jurisdiction to enter the judgment and (2) that the notice required by section (c) of this Rule was mailed. If, in order to enable the court to enter judgment, 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 matter, the court, may rely on affidavits, conduct hearings, or order references as appropriate and, if requested, shall preserve to the plaintiff the right to trial by jury.

Cross reference: For the requirement that a request for entry of judgment under section (f) of this Rule be served on the defendant, see Rule 1-321(b)(2).

(g) Finality. A default judgment entered in compliance with this Rule is not subject to the revisory power under Rule 2-535(a) except as to the relief granted.

Cross reference: Section 521 of the Servicemembers Civil Relief Act, 50 U.S.C. app. §§ 501 et seq., imposes specific requirements that must be fulfilled before a default judgment may be entered.

Md. R. Civ. P. Cir. Ct. 2-613

This Rule is derived as follows:

Section (a) is new.

Section (b) is new.

Section (c) is new.

Section (d) is new.

Section (e) is new.

Section (f) is new. The second sentence is derived from the last sentence of the 1937 version of Fed. R. Civ. P. 55(b)(2).

Section (g) is new.

Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 20, 1984, eff. Jan. 1, 1985; April 7, 1986, eff. July 1, 1986; Nov. 22, 1989, eff. Jan. 1, 1990; Dec. 10, 1996, eff. July 1, 1997; Nov. 12, 2003, eff. Jan. 1, 2004; June 16, 2009, eff. June 17, 2009; Dec. 7, 2015, eff. Jan. 1, 2016.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order amended the source note.

2009 Orders

The June 16, 2009, order rewrote the cross reference following section (g), which previously read:

“Cross reference: Section 200 of the Soldiers’ and Sailors’ Relief Act of 1940, 50 U.S.C. Appendix, § 521, imposes specific requirements that must be fulfilled before a default judgment may be entered.

2015 Orders

The December 7, 2015, order, added a cross reference.