OH · rules
Ohio Civ.R. 55
Default
(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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