WY · rules
W.R.C.P. 55
Default; Default Judgment
(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 guardian, guardian ad litem,
trustee, 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 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 final default
judgment under Rule 60(b).
(d) Judgment Against State. — A default judgment may be entered against
the state, its officers, or its agencies only if the claimant establishes a claim or
right to relief by evidence that satisfies the court.
History
History: Added February 2, 2017, effective March 1, 2017.
Provenance
- Source
- wyocourts.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
8bb30f887b13a16652104314849bb10282a0dcb64e9fba5a457bbb3c8a1e1770
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