United States · Federal civil procedure
How much notice must an appeared party receive before a default-judgment hearing?
If the party facing default judgment appeared personally or through a representative, that party or representative must be served with written notice of the application at least seven days before the hearing. The court-entry procedure, prior appearance and actual hearing matter. This guide computes no hearing-notice date or default entitlement.
- Period
- At least seven days before the hearing in the appeared-party branch
- Trigger
- The actual court default-judgment hearing, after establishing prior appearance
- Rule
- FRCP 55(b)(2)
December 1, 2025 compilation
Source guide · No automated date
Establish the actual procedure and conditions
This branch depends on actual appearance and a minimum hearing lead time. It does not establish one universally applicable date for every default application.
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Which event starts this procedure?
Identify the party facing default judgment and establish its personal or representative appearance.
Preserve the actual application and court hearing date.
Complete written-notice service with at least the stated lead time and check applicable orders and instructions.
FRCP 55(b)(2)Which timing conditions must be established?
- Identify the actual actor, pleading and required act.
- Establish the specified event and applicable order.
- Resolve the material conditions. This guide publishes no calculated date.
- Check final-day conditions and preserve service and filing evidence separately.
Establish the actual future event and applicable minimum lead time. Exclude the hearing or trial event and count backward under Rule 6(a). A final Saturday, Sunday or legal holiday moves backward to an earlier qualifying day. State-declared holidays under Rule 6(a)(6)(C) apply to forward periods only. Check federal and President or Congress declared holidays. Earlier service can satisfy a minimum lead time. This guide does not present the minimum as the only permissible action date.
Exclude the hearing or trial event and count backward under Rule 6(a). A final Saturday, Sunday or legal holiday moves backward to an earlier qualifying day. State-declared holidays under Rule 6(a)(6)(C) apply to forward periods only. Check federal and President or Congress declared holidays. Earlier service can satisfy a minimum lead time.
FRCP 6(a)(1)Why is no automated date published?
This branch depends on actual appearance and a minimum hearing lead time. It does not establish one universally applicable date for every default application.
Which conditions change the assessment?
- Appearance condition
- The stated notice requirement applies when the party appeared personally or through a representative.
- Court rather than clerk procedure
- Rule 55(b)(1) separately describes the clerk’s specified sum-certain branch. Subsection (2) concerns the court branch in other cases.
- Minor or incompetent defendant
- Subsection (2) permits default judgment against a minor or incompetent person only if represented by the stated guardian, conservator or similar fiduciary who appeared.
- This page does not establish effective service, merits, compliance or an actual court grant.
- Service and filing are different acts. Verify both when required.
What should I verify before acting?
Common questions
This procedure and its conditions
Is entry of default the same as the default-judgment hearing?
No. Rule 55(a) separately describes default entry, and subsection (b)(2) addresses the court’s default judgment.
FRCP 55(b)(2)Does this guide determine whether a party appeared?
No. Establish the actual appearance facts and any applicable court determination.
FRCP 55(b)(2)Is exactly seven days the only permissible notice?
No. The text requires at least seven days before the hearing. Earlier notice can satisfy that timing minimum.
FRCP 55(b)(2)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| FRCP 55(b)(2) | This actor, required act, operative event and period |
| FRCP 55(a) and (b)(1) | Separate default entry and clerk judgment |
| FRCP 6(a)(1) | Event exclusion and intermediate calendar days |
| FRCP 6(a)(3)–(6) and (b)(1) | Actual final-day conditions, filing boundaries and applicable extension limits |