RULE 55
                          DEFAULT

    (a) Entry of Default.
    (1) Motion. 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 by motion and affidavit, a
motion for default may be made.
    (2) Pleading After Default. Any party may respond to any pleading or
otherwise defend at any time before a motion for default and supporting
affidavit is filed, whether the party previously has appeared or not. If
the party has appeared before the motion is filed, he may respond to the
pleading or otherwise defend at any time before the hearing on the motion.
If the party has not appeared before the motion is filed he may not respond
to the pleading nor otherwise defend without leave of court. Any
appearances for any purpose in the action shall be for all purposes under
this rule 55.
    (3) Notice. Any party who has appeared in the action for any purpose,
shall be served with a written notice of motion for default and the
supporting affidavit at least 5 days before the hearing on the motion. Any
party who has not appeared before the motion for default and supporting
affidavit are filed is not entitled to a notice of the motion, except as
provided in subsection (f)(2)(i).
    (4) Venue. A motion for default shall include a statement of the basis
for venue in the action. A default shall not be entered if it clearly
appears to the court from the papers on file that the action was brought in
an improper district.
    (b) Entry of Default Judgment. As limited in rule 54(c), judgment after
default may be entered as follows, if proof of service is on file as
required by subsection (b)(4):
    (1) When Amount Certain. When the claim against a party, whose default
has been entered under section (a), is for a sum certain or for a sum which
can by computation be made certain, the court upon motion and affidavit of
the amount due shall enter judgment for that amount and costs against the
party in default, if he is not an infant or incompetent person. No judgment
by default shall be entered against an infant or incompetent person unless
represented by a general guardian or guardian ad litem. Findings of fact
and conclusions of law are not necessary under this subsection even though
reasonable attorney fees are requested and allowed.
    (2) When Amount Uncertain. 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 as are deemed necessary or, when required
by statute, shall have such matters resolved by a jury. Findings of fact
and conclusions of law are required under this subsection.
    (3) When Service by Publication or Mail. In an action where the service
of the summons was by publication, or by mail under rule 4(d)(4), the
plaintiff, upon the expiration of the time for answering, may, upon proof
of service, apply for judgment. The court must thereupon require proof of
the demand mentioned in the complaint, and must require the plaintiff or
his agent to be examined on oath respecting any payments that have been
made to the plaintiff, or to anyone for his use on account of such demand,
and may render judgment for the amount which he is entitled to recover, or
for such other relief as he may be entitled to.
    (4) Costs and Proof of Service. Costs shall not be awarded and default
judgment shall not be rendered unless proof of service is on file with the
court.
    (c) Setting Aside Default.
    (1) Generally. For good cause shown and upon such terms as the court
deems just, the court may set aside an entry of default and, if a judgment
by default has been entered, may likewise set it aside in accordance with
rule 60(b).
    (2) When Venue Is Improper. A default judgment entered in a district of
improper venue is valid but will on motion be vacated for irregularity
pursuant to rule 60(b)(1). A party who procures the entry of the judgment
shall, in the vacation proceedings, be required to pay to the party seeking
vacation the costs and reasonable attorney fees incurred by the party in
seeking vacation if the party procuring the judgment could have determined
the district of proper venue with reasonable diligence. This subsection
does not apply if either (i) the parties stipulate in writing to venue
after commencement of the action, or (ii) the defendant has appeared, has
been given written notice of the motion for an order of default, and does
not object to venue before the entry of the default order.
    (d) Plaintiffs, Counterclaimants, 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. In all cases a judgment by default is subject to the
limitations of rule 54(c).
    (e) Judgment Against State. (Reserved.)
    (f) How Made After Elapse of Year.
    (1) Notice. When more than 1 year has elapsed after service of summons
with no appearance being made, the court shall not sign an order of default
or enter a judgment until a notice of the time and place of the application
for the order or judgment is served on the party in default, not less than
10 days prior to the entry. Proof by affidavit of the service of the notice
shall be filed before entry of the judgment.
    (2) Service. Service of notice of the time and place on the application
for the order of default or default judgment shall be made as follows:
    (i) by service upon the attorney of record;
    (ii) if there is no attorney of record, then by service upon the
defendant by certified mail with return receipt of said service to be
attached to the affidavit in support of the application; or
    (iii) by a personal service upon the defendant in the same manner
provided for service of process.
    (iv) If service of notice cannot be made under sections (i) and (iii),
the notice may be given by publication in a newspaper of general
circulation in the county in which the action is pending for one
publication, and by mailing a copy to the last known address of each
defendant. Both the publication and mailing shall be done 10 days prior to
the hearing.