Motion to Set Aside a Default

When the motion to set aside a default is used

Timing: as soon as possible after learning of the default. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• 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) (Rule 55(c)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 55(c) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion to set aside a default in state court

This page covers the federal version. In state court, the motion to set aside a default may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Default: a party's failure to plead or otherwise defend within the time allowed, which the clerk records as an entry of default.
• Good cause: a legally sufficient reason. Many rules require a showing of good cause before the court will grant a request.

Related procedures

Similarly, these procedures often come up alongside it:

• Entry of Default and Default Judgment: the two-step procedure that applies when a party against whom relief is sought has failed to plead or otherwise defend.
• Motion for Relief from a Judgment or Order: a motion asking the court to relieve a party from a final judgment, order, or proceeding for one of the reasons listed in Rule 60(b).

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.