RULE 55                                                
                    DEFAULT AND JUDGMENT                                         
                                                                                 
    (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 rule 55(f)(2)(A).                                                    
    (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 county.                                                              
    (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 county 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 county of proper venue with reasonable diligence. This subsection does       
not apply if either (a) the parties stipulate in writing to venue after          
commencement of the action, or (b) 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:           
    (A) by service upon the attorney of record;                                  
    (B) 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                      
    (C) by a personal service upon the defendant in the same manner              
provided for service of process.                                                 
    (D) If service of notice cannot be made under subsections (A) and (C),       
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.