RULE 55. DEFAULT JUDGMENTS.

  1. When a party against whom a judgment for affirmative relief is sought has failed to make an appearance or plead or otherwise defend as provided by these rules, his default shall be proved by affidavit and judgment by default may be granted to the opposing party.
  2. If the party against whom judgment by default is sought has appeared in the action, he or his counsel shall be served with written notice of the application for default judgment at least three (3) days prior to the hearing on such application.  The same notice shall be given if the person against whom default judgment is sought is an infant or incompetent, regardless of whether he has appeared or not.
  3. Judgment by default without evidence may be entered by the Court if a party’s claim against the opposition is for a sum of money which is or can by computation be made certain.  Judgment by default or any other type relief shall be entered only upon receipt of such evidence as the Court may deem necessary to establish the validity and amount of the claim.  Notice of an entry of a default judgment shall be served upon the party against whom it is taken and such default judgment shall not be effective until such service has been accomplished and proof thereof has been filed with the Court.
  4. The Court may, for good cause shown, set aside either an entry of default or a default judgment under this rule or under Rule 60.
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