Del. Ch. Ct. R. 55

(a) Default.

(1) In General. When a party against whom a

judgment for affirmative relief is sought has failed to

appear, plead, or otherwise defend, and that failure is

shown by affidavit or otherwise, the Court may hold the

party in default.

(2) Consequences. In addition to other consequences

by law and under Rule 5(a)(2), a party in default admits

and cannot present evidence to contest the allegations

of the complaint. But a party can contest whether the

admitted allegations are legally sufficient to support

entry of default judgment.

(b) Default Judgment.

(1) In General. A party seeking a default judgment

must apply to the Court. The relief sought in a default

judgment may not differ in kind from, or exceed in

amount, what is demanded in the pleadings.

(2) Timing; Notice. 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 10 days before the hearing. If the party has not

appeared, written notice must be served if the Court

directs.

(3) Persons Without Capacity. A default judgment

may be entered against a person without capacity only

if a representative for the person has appeared.

(4) Hearings; Evidence. The Court may conduct

hearings, receive evidence, or make referrals when, to

enter or effectuate default judgment, it needs to:

(A) conduct an accounting;

(B) determine the amount of damages;

(C) establish the truth of any allegation by

evidence; or

(D) investigate any other matter.

(c) Setting Aside a Default or a Default Judgment.

The Court may set aside a default for good cause, and it

may set aside a final default judgment in accordance with

Rule 60(b).