Ind. Trial Rule 55

Effective January 1, 2011

(A) Entry.

When a party against whom a judgment for affirmative relief is sought has failed to plead or

otherwise comply with these rules and that fact is made to appear by affidavit or otherwise,

the party may be defaulted by the court.

(B) Default judgment.

In all cases the party entitled to a judgment by default shall apply to the court therefor; but

no judgment by default shall be entered against a person (1) known to be an infant or incompetent unless represented in the action by a general guardian, committee, conservator, or

other such representative who has appeared therein; or (2) entitled to the protections against

default judgments provided by the Servicemembers Civil Relief Act, as amended (the “Act”),

50 U.S.C. appx. § 521, unless the requirements of the Act have been complied with. See Ind.

Small Claims Rule 10(B)(3). If the party against whom judgment by default is sought has

appeared in the action, he (or, if appearing by a representative, his representative) shall be

served with written notice of the application for judgment at least three [3] days prior to the

hearing on such application. 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 hearing or order such references as it deems necessary and

proper and shall accord a right of trial by jury to the parties when and as required.

(C) Setting aside default.

A judgment by default which has been entered may be set aside by the court for the grounds

and in accordance with the provisions of Rule 60(B).

(D) Plaintiff, 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 governmental organizations.

A judgment by default may be entered against a governmental organization.