Which statement describes the prerequisites for obtaining a default under Rule 55?

Which statement describes the prerequisites for obtaining a default under Rule 55?

• A. You must file a stipulation of dismissal
• B. You must file a motion for summary judgment
• C. You must file a request for entry of default and an affidavit showing failure to plead or defend
• D. You must obtain a trial

Answer: (C)

In Rule 55 stays the process for getting a default: you must show that the defendant has failed to plead or defend within the time allowed, and you accomplish this by filing a request for entry of default with an affidavit or declaration stating the failure. Once the clerk enters the default, you or the court can proceed to a default judgment under Rule 55(b). The other options don’t fit because a stipulation of dismissal ends the case by agreement, not by default; a motion for summary judgment is a merits ruling, not the mechanism for obtaining default; and obtaining a trial is a later step that presumes there has been a proper pleading and defense or default has been established.

In Rule 55 stays the process for getting a default: you must show that the defendant has failed to plead or defend within the time allowed, and you accomplish this by filing a request for entry of default with an affidavit or declaration stating the failure. Once the clerk enters the default, you or the court can proceed to a default judgment under Rule 55(b). The other options don’t fit because a stipulation of dismissal ends the case by agreement, not by default; a motion for summary judgment is a merits ruling, not the mechanism for obtaining default; and obtaining a trial is a later step that presumes there has been a proper pleading and defense or default has been established.