Alaska

Civil Procedure

Civil Procedure

Rule 55 – Default

(a) Entry.

(1)Application for Default. When a party against whom a judgment for affirmative relief is sought has failed to appear and answer or otherwise defend as provided by these rules, and that fact is shown by affidavit or otherwise, the clerk shall enter a default. The party seeking default must serve the application on all parties, including the party against whom the default is sought, in accordance with Civil Rule 5.
(2)When Entry is Made. A party who fails to appear or who appears but fails to answer or otherwise defend may be defaulted by the clerk not less than seven days following service of the application for default.
(b) Judgment by the Clerk.

(1)Failure to Appear. If the defendant has been defaulted for failure to appear and the plaintiff’s claim(s) is for a sum certain or for a sum that can by computation be made certain, upon the filing of an application for default judgment including an affidavit of the amount due which also states that the person against whom judgment is sought is:

(i) not an infant or an incompetent person; and
(ii) not in the active military service of the United States or, if the plaintiff is unable to determine whether the defendant is in military service, stating that the plaintiff is unable to determine that fact, the clerk shall enter default judgment for the amount due and costs and attorney’s fees against the defendant.
(2)Multiple Parties or Claims. The clerk may not enter a default judgment in a case involving multiple defendants unless all defendants have been defaulted.
(c) Judgment by the Court.

(1) In all other cases the party entitled to a default judgment shall apply to the court therefor; but no default judgment shall be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other such representative who has appeared therein. If the party against whom default judgment is sought has appeared in the action, that party (or, if appearing by representative, the party’s representative) shall be served with written notice of the application for judgment at least three days prior to a decision on the application. This written notice requirement and the memorandum requirement of (c)(2) do not apply if the party fails to appear for trial in which case the court may proceed ex parte upon any motion for default or default judgment. 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.
(2) When application is made to the court for a default judgment, counsel shall file a memorandum of the default, showing when and against what parties it was entered and the pleadings to which no defense has been made. The party seeking default must also file an affidavit stating whether the person against whom judgment is sought is in the active military service of the United States or, if the plaintiff is unable to determine whether the defendant is in military service, stating that the plaintiff is unable to determine that fact. If any party against whom default judgment is sought is shown by the record to be an infant or incompetent person, or in the military service of the United States, counsel shall also file a memorandum stating whether or not that person is represented in the action by a general guardian, committee, conservator, attorney or such other representative who has appeared therein. If the party against whom default judgment is sought has appeared in the action or proceeding, the memorandum shall also indicate whether or not the record shows that notice has been served as required by paragraph (1) of this subdivision.
(3) If the amount of damages claimed in an application to the court for default judgment is unliquidated, the applicant may submit evidence by affidavit showing the amount of damages and if, under the provisions of paragraph (1) of this subdivision, notice of the application is necessary, the parties against whom judgment is sought may submit affidavits in opposition.
(4) If the case involves multiple defendants and all defendants have not been defaulted, the court may not enter a default judgment unless the nondefaulting defendant’s defenses would not be available to the defaulting defendant. A default judgment issued under such circumstances is nevertheless subject to Civil Rule 54(b). (d) Response to Pleading. A party may respond to any pleading at any time before a default is entered.
(e) Setting Aside Default. For good cause shown the court may set aside an entry of default and, if a default judgment has been entered, may likewise set it aside in accordance with Rule 60(b).
(f) Plaintiffs, Counterclaimants, Cross-Claimants. The provisions of this rule apply whether the party entitled to the default judgment is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim. In all cases a default judgment is subject to the limitations of Rule 54(c).
(g) Judgment Against the State. No default judgment shall be entered against the state or an officer or agency thereof unless the claimant establishes the claim or right to relief by evidence satisfactory to the court.
(h) Costs and Attorney Fees. To recover costs and attorney fees, a party entitled to entry of default judgment without the need for further hearing under (c)(1) must include in the application for default judgment (1) an itemized statement of costs incurred in the action and allowable under Civil Rule 79(f), and (2) the party’s actual attorney’s fees. In such case, no cost bill or motion for attorney’s fees is required. Civil Rule 82(b)(4) governs the amount of attorney’s fees that may be awarded in a default case.
(i) Proposed Judgment. An application for default judgment must be accompanied by a proposed judgment in the form required by Civil Rule 58.2.

Alaska R. Civ. P. 55

Adopted by SCO 5 October 9, 1959; amended by SCO 30 effective February 1, 1961; by SCO 498 effective January 18, 1982; by SCO 554 effective April 4, 1983; by SCO 787 effective March 1, 1987; by SCO 1415 effective October 15, 2000; and by SCO 1584 effective October 15, 2005; and by SCO 1663 effective April 15, 2009; and by SCO 1771 effective April 16, 2012.

The affidavit described in subsections (b) and (c) incorporates the requirements of the Servicemembers Civil Relief Act (50 App. U.S.C. ยง 521), as amended, concerning whether a party is in the military service.