{"data":{"id":"us-mt/m.-r.-civ.-p.-55","jurisdiction":"us-mt","citation":"M. R. Civ. P. 55","heading":"Default; Default Judgment.","body":"(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.\n(b) Entering a Default Judgment.\n(1) By the Clerk. If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk -- on the plaintiff's request, with an affidavit showing the amount due -- must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.\n(2) By the Court. In all other cases, the party must apply to the court for a default judgment. A default judgment may be entered against a minor or incompetent person only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing. The court may conduct hearings or make referrals -- preserving any Montana statutory right to a jury trial -- when, to enter or effectuate judgment, it needs to:\n(A) conduct an accounting;\n(B) determine the amount of damages;\n(C) establish the truth of any allegation by evidence; or\n(D) investigate any other matter.\n(c) Setting Aside a Default or a Default Judgment. The court may set aside an entry of default for good cause, and it may set aside a default judgment under Rule 60(b).\n(d) Judgment against the State of Montana. A default judgment may be entered against the State of Montana, its officers, its agencies, or its political subdivisions only if the claimant establishes a claim or right to relief by evidence that satisfies the court.","path":["TITLE 25. CIVIL PROCEDURE","CHAPTER 20. RULES OF CIVIL PROCEDURE","VII. Judgment"],"source_url":"https://mca.legmt.gov/bills/mca/title_0250/chapter_0200/part_0070/section_0550/0250-0200-0070-0550.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:50:10Z","sha256":"48aebcbc534d20d0aa804055016d8cfad58d66f4be191962e284ce96d20ea532","source_id":"us-mt","stale":false,"prev":"us-mt/m.-r.-civ.-p.-54","next":"us-mt/m.-r.-civ.-p.-56"},"notice":"GroundRules: Original legal text. Not legal advice."}