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OH · rules

Ohio Civ.R. 55

Default

activein force · 1971-07-01 – presentact-effective-date

(A) Entry of judgment

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

or otherwise defend as provided by these rules, the party entitled to a judgment by default

shall apply in writing or orally to the court therefor; but no judgment by default shall be

entered against a minor or an incompetent person unless represented in the action by a

guardian or other such representative who has appeared therein. If the party against whom

judgment by default is sought has appeared in the action, he (or, if appearing by

representative, his representative) shall be served with written notice of the application for

judgment at least seven 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 hearings or order

such references as it deems necessary and proper and shall when applicable accord a right

of trial by jury to the parties.

(B) Setting aside default judgment

If a judgment by default has been entered, the court may set it aside in accordance with

Rule 60(B).

(C) 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).

(D) Judgment against this state

No judgment by default shall be entered against this state, a political subdivision, or officer

in his representative capacity or agency of either unless the claimant establishes his claim

or right to relief by evidence satisfactory to the court.

History

Effective Date: July 1, 1970 Amended: July 1, 1971

Provenance

Source
supremecourt.ohio.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
3e891d468586804809c176389f527984522cb09353cc2d5c5861bd042efb8e68
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