Del. Ch. Ct. R. 55 (2026)

Rule 55. Default; Default Judgment (a) Default. (1) In General. When a party against whom a judgment for affirmative relief is sought has failed to appear, plead, or otherwise defend, and that failure is shown by affidavit or otherwise, the Court may hold the party in default. (2) Consequences. In addition to other consequences by law and under Rule 5(a)(2), a party in default admits and cannot present evidence to contest the allegations of the complaint. But a party can contest whether the admitted allegations are legally sufficient to support entry of default judgment. (b) Default Judgment. (1) In General. A party seeking a default judgment must apply to the Court. The relief sought in a default judgment may not differ in kind from, or exceed in amount, what is demanded in the pleadings. (2) Timing; Notice. 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 10 days before the hearing. If the party has not appeared, written notice must be served if the Court directs. (3) Persons Without Capacity. A default judgment may be entered against a person without capacity only if a representative for the person has appeared. (4) Hearings; Evidence. The Court may conduct hearings, receive evidence, or make referrals when, to enter or effectuate default 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 a default for good cause, and it may set aside a final default judgment in accordance with Rule 60(b). History. Amended May 18, 2026, effective June 1, 2026.