Mont. R. Civ. P. 55

(a) Entering a Default. When a party against whom a judgment for affirmative relief is

sought has failed to plead or otherwise defend, and that failure is shown by affidavit or

otherwise, the clerk must enter the party’s default.

(b) Entering a Default Judgment.

(1) By the Clerk. If the plaintiff’s claim is for a sum certain or a sum that can be

made certain by computation, the clerk -- on the plaintiff’s request, with an affidavit

showing the amount due -- must enter judgment for that amount and costs against a

defendant who has been defaulted for not appearing and who is neither a minor nor

an incompetent person.

(2) By the Court. In all other cases, the party must apply to the court for a default

judgment. A default judgment may be entered against a minor or incompetent person

only if represented by a general guardian, conservator, or other like fiduciary who

has appeared. 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 7 days before the hearing. The court may

conduct hearings or make referrals -- preserving any Montana statutory right to a jury

trial -- when, to enter or effectuate 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 an entry of

default for good cause, and it may set aside a default judgment under Rule 60(b).

(d) Judgment against the State of Montana. A default judgment may be entered against

the State of Montana, its officers, its agencies, or its political subdivisions only if the

claimant establishes a claim or right to relief by evidence that satisfies the court.