(a) Omitted. (b) Judgment. Except as otherwise provided in paragraphs (bb1) and (bb2) of this rule, 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 as follows:
(1) By the Clerk of the Court. When the plaintiff’s claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the Clerk of the Court upon written direction of the plaintiff and upon affidavit of the amount due, shall enter judgment against the defendant, if the defendant has failed to appear in accordance with these Rules unless the defendant is an infant or incompetent person. When a party is entitled to have the Clerk of the Court enter judgment by default pursuant to this paragraph, the party shall submit with the party’s direction to the Clerk of the Court to enter judgment a statement showing the principal amount due, which shall not exceed the amount demanded in the complaint, giving credit for any payments and showing the amounts and dates thereof, and a computation of interest to the date of judgment, a statement showing the calculation of attorney’s fees and the legal basis for awarding attorney’s fees, if any, to which statement shall be appended an affidavit of the party or the party’s attorney stating:
(1) that the party against whom judgment is sought is not an infant or an incompetent person; (2) that the party has made default in appearance in the action; and (3) that the amount shown by the statement is justly due and owing and that no part thereof has been paid. The Clerk of the Court shall thereupon enter judgment for principal, interest and costs, including reasonable attorney’s fees, if applicable.(2) By the Court. In all other cases the party entitled to a judgment by default shall apply to the Court therefor; 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, the 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. (bb1) Judgments for want of appearance in actions begun by capias. Judgments for want of appearance shall be given as provided by statute.(bb2) Judgments in appeals under Rule 72.3. When an appellee having the duty of serving the complaint or other first pleading fails to do so as required by Rule 72.3(a), judgment shall be entered against appellee for failure to plead. When an appellee having the duty of serving a responsive pleading fails to do so as required by Rule 12(a), judgment by default may be entered as provided in paragraph (b) hereof.(c) Setting aside default judgment. The Court may set aside a judgment by default in accordance with Rule 60(b).(d) Plaintiffs, counterclaimants and cross-claimants. The provisions of this Rule apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim.
