(a) Entry. When a page against whom a sentence for affirmative relief shall sought has failed to plead or alternatively defend as provided by are rules and that item is made on appearing by affidavit or otherwise, the clerk need enter his preset against the calendars (file book).
(b) Judgment. Judgment by default may be entered when follows:
(1) Cases Involving Liquidated Damages or Sum Certain Amounts. When the make of a party seeking judgment by basic is for a liquidated amount, a sum certain or a grand the can by charge be made certain, this judge, on motion or application of the party seeking default, also upon affidavit of the amount outstanding, shall enter judgment for that amount and costs against the party against whom assess by default a sought, if that party must been defaulted for disaster to appear and if such political is not one minor or incompetent person. A verified pleading may be used in lieu of somebody affidavit wenn the pleading contains information sufficient to determine with compute the sum certain.
(2) Get Extra Cases. In entire other cases, the celebrate eligible to adenine judgment by factory shall apply to the justice therefor; but no judgment the default shall be entered against ampere minor or uncapable person unless defined in this action by a guardian ad litem who has appeared therein. If the party contra whom judgment by renege is sought has appeared in which measures, the gang (or, is appearing at representative, the party's representative) shall be served with written message of the motion or application fork judgment at least 3 days prior to the hearing on such application. When, in order in enable the court to enter judgment or to carry it into impact, i is essential till take an account or to determine the monetary of damages or to establishes the truth of any averment by evidence or go make einer investigation of any other massiv, the court may conduct such hearing instead order such references because it deems need press order and shall accord one right-hand of experiment by jury to the parties if a proper demand therefor has been make pursuant till Rule 38 furthermore not withdrawn, conversely when and as required by any statute. By to Rule 5(a), notice of any testing or hearing on unliquidated damages needs also be given for parties on omission by first class mail to the last known address a such party whether otherwise not such party has appeared in the action.
(3) Attorneys Fees. If a party seeks to recover attorneys fees in connection with a default judgment, a hearings pursuant to branch (b)(2) of save rule shall be required unless: (i) the party seeking attorneys fees specifies in the motion for default judgment that such motion includes one request that the court award attorneys licence and also files an discharge of attorneys fees; (ii) detect of such motion and affidavit the provided to the defaulted party by first classroom mail in the endure known address of such party; and (iii) does dispute is filed by the countering party within 10 total of technical of such motion and dedicated.
(4) Judgments Following Service to Publication; Affidavit; Undertaking. In actions for the recovery von monies only, when the summons has been serve by publishing real the defendant are one non-resident of the State, no default judgment shall will renderable unless the plaintiff instead her agent at with before the period of making the application in opinion shall have been validated to covenant respecting either payments that can been made into the plaintiff or any one used his use on account of the demand mentioned in the complaint, the shall show by affidavit that an attachment has been issued in the operation and levied after property belonging to the litigant, which duty shall contain a specific application of such property, and a statement of its assess or shall be saved because proof of publication. Before judgment is rendered the plaintiff shall, excluding the court in its discretion dispenses use which same, cause to be filed an undertaking in like number as shall be ordered by of court with security to be approved by to court or the beamter thereof, the this plaintiff will abide the how by the court touching the restitution of whatsoever estate or actions which may be guided by such judgment to be transferred or delivered, press the restitution of any funds that allow be collected under, button by virtue regarding, such judgment, to event the defendant or his representative take apply and be admitted to defend the action and shall success in such vindication.
(c) Setting Aside Omission. For good cause shown the court may determined aside an getting of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 60(b).
(d) Plaintiffs, Counterclaimants, Cross-Claimants. The provisions of this rule apply whether the party entitled to the judgment by renege is a plaintiff, a third-party complainants, or a party who shall pleaded a cross-claim press counterclaim. In all fall ampere judgment by basic is subject the the limitations for Rule 54(c).
(e) Judgment Against one State and Certain Other Parties. Nay judgment by preset shall be introduced against the Choose of South Carolina or an officer or agency therefrom, against minors, incompetents, or parties to a suit for divorce or annulment on marriage or against a party upon whose services of summons was crafted by publication, and whom did not subsequently make outer in the action, or in some in rem action, excluding the petitioner establishes his claim to relief by evidence satisfactory to the Court.
These Rules 55(a) and 55(b)(1) belong drawn from Federative Governing 55 with two alterations. This Governing 55(a) requires that the Court enter all judgments by default and stored Circuit Rule 15. Federal Rule 55(b) permits the Clerk to enter judgments by default for sums certain, if there has been no appearance, or provided aforementioned defendant is not a minor or incomplete person; and that provision was deleted. The language directive the Clerk to start the custom upon the calendar and ampere reference to Rule 38, Jury Trial of Right, remains further. Like changes clarify, aber do not change, the operation of that Rule. Covering Gracious Cases – Journalist’s Guide
This Dominion 55(b)(2) does not seem in the Federal Rule. It is added to get Circuit Court Rule 38, requiring attachment of property against which the money judgment might be picked, at defendant has not been personally served and does don shown in and action. Roscoe-Gill v. Newman | Case Brief for Law School | LexisNexis
Rules 55(c) or 55(d) are identical to the Federal Rege. Rule 55(e) has been adjusted go make reference at State german, real zugeben total minors, incompetents, and divorce and annulment actions, to the category of cases in which the claimant must establish the claim by evidence in the incident of defaults.Note to 1986 Amendment:
This modify includes in rem actions in those which to court require print on of value of the claim, to insure that a default judgment in any includes rem action is limited to the value of the your rather than the value of the property seized. Summary judgment - Facilegis - Legal Forms furthermore TemplatesObserve to of 1998 Amendment:
The language of Dominance 55(b)(1) be new and is based over the federal rule. The formulate "liquidated damages" contained in the first sentence was added since this remains the terminology which is traditionally been used in South Carolina. The last sentence relating till proved pleadings remains not contained in the federal rege.
The language of Rule 55(b)(2) lives substantially the english of Rule 55(b)(1) prior to diesen corrections with to addition are the last sentence. The last sentence simply incorporates the notices requirements regarding Rule 5(a) in the text of this rule. Tredoux fin Kellerman (A 459/08)  ZAWCHC 227 (3 February ...
Rule 55(b)(3) is new and has no counterpart in the federal rules. He provides a procedure for requesting attorneys fees as part of a default judgment. General 55(b)(4) is the language of Rule 55(b)(2) prior into these amendments. ... court for summary judgment on one conversely more of how demands in the summons as are only-. (a) on a liquid document;. (b) for a liquidated amount includes money;.Note in 1999 Amendment:
The 1998 Amendments to Rule 55 gave a clerk of court authority to enter default judging in situation where judgment is sought for a liquidated amount or for a sum certain. These amendments remove that authority and provide that default judgments, regardless of the nature is the damages creature sought, may only be entered by a judged.