Alaska R. Civ. P. 55

(a) Entry.

(1) Application for Default. When a party against whom

a judgment for affirmative relief is sought has failed to appear

and answer or otherwise defend as provided by these rules, and

that fact is shown by affidavit or otherwise, the clerk shall

enter a default. The party seeking default must serve the

application on all parties, including the party against whom the

default is sought, in accordance with Civil Rule 5.

(2) When Entry is Made. A party who fails to appear or

who appears but fails to answer or otherwise defend may be

defaulted by the clerk not less than seven days following

service of the application for default.

(b) Judgment by the Clerk.

(1) Failure to Appear. If the defendant has been

defaulted for failure to appear and the plaintiff’s claim(s) is for

a sum certain or for a sum that can by computation be made

certain, upon the filing of an application for default judgment

including an affidavit of the amount due which also states that

the person against whom judgment is sought is: (i) not an

infant or an incompetent person; and (ii) not in the active

military service of the United States or, if the plaintiff is unable

to determine whether the defendant is in military service,

stating that the plaintiff is unable to determine that fact, the

clerk shall enter default judgment for the amount due and costs

and attorney’s fees against the defendant.

(2) Multiple Parties or Claims. The clerk may not enter a

default judgment in a case involving multiple defendants

unless all defendants have been defaulted.

(c) Judgment by the Court.

(1) In all other cases the party entitled to a default

judgment shall apply to the court therefor; but no default

judgment shall be entered against an infant or incompetent

person unless represented in the action by a general guardian,

committee, conservator, or other such representative who has

appeared therein. If the party against whom default judgment is

sought has appeared in the action, that party (or, if appearing

by representative, the party’s representative) shall be served

with written notice of the application for judgment at least

three days prior to a decision on the application. This written

notice requirement and the memorandum requirement of (c)(2)

do not apply if the party fails to appear for trial in which case

the court may proceed ex parte upon any motion for default or

default judgment. 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.

(2) When application is made to the court for a default

judgment, counsel shall file a memorandum of the default,

showing when and against what parties it was entered and the

pleadings to which no defense has been made. The party

seeking default must also file an affidavit stating whether the

person against whom judgment is sought is in the active

military service of the United States or, if the plaintiff is unable

to determine whether the defendant is in military service,

stating that the plaintiff is unable to determine that fact. If any

party against whom default judgment is sought is shown by the

record to be an infant or incompetent person, or in the military

service of the United States, counsel shall also file a

memorandum stating whether or not that person is represented

in the action by a general guardian, committee, conservator,

attorney or such other representative who has appeared therein.

If the party against whom default judgment is sought has

appeared in the action or proceeding, the memorandum shall

also indicate whether or not the record shows that notice has

been served as required by paragraph (1) of this subdivision.

(3) If the amount of damages claimed in an application to

the court for default judgment is unliquidated, the applicant

may submit evidence by affidavit showing the amount of

damages and if, under the provisions of paragraph (1) of this

subdivision, notice of the application is necessary, the parties

against whom judgment is sought may submit affidavits in

opposition.

(4) If the case involves multiple defendants and all

defendants have not been defaulted, the court may not enter a

default judgment unless the nondefaulting defendant’s

defenses would not be available to the defaulting defendant. A

default judgment issued under such circumstances is

nevertheless subject to Civil Rule 54(b).

(d) Response to Pleading. A party may respond to any

pleading at any time before a default is entered.

(e) Setting Aside Default. For good cause shown the

court may set aside an entry of default and, if a default

judgment has been entered, may likewise set it aside in

accordance with Rule 60(b).

(f) Plaintiffs,

Counterclaimants,

Cross-Claimants.

The provisions of this rule apply whether the party entitled to

the default judgment is a plaintiff, a third-party plaintiff, or a

party who has pleaded a cross-claim or counterclaim. In all

cases a default judgment is subject to the limitations of Rule

54(c).

(g) Judgment Against the State. No default judgment

shall be entered against the state or an officer or agency thereof

unless the claimant establishes the claim or right to relief by

evidence satisfactory to the court.

(h) Costs and Attorney Fees. To recover costs and

attorney fees, a party entitled to entry of default judgment

without the need for further hearing under (c)(1) must include

in the application for default judgment (1) an itemized

statement of costs incurred in the action and allowable under

Civil Rule 79(f), and (2) the party’s actual attorney’s fees. In

such case, no cost bill or motion for attorney’s fees is required.

Civil Rule 82(b)(4) governs the amount of attorney’s fees that

may be awarded in a default case.

(i) Proposed Judgment. An application for default

judgment must be accompanied by a proposed judgment in the

form required by Civil Rule 58.2.