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Procedural

Motion to Set Aside Default

Asks to undo an entry of default or default judgment so the case can be defended.

Governing rule
Fed. R. Civ. P. 55(c), 60(b)
Read the rule

What it is

A request by a defaulted party to undo an entry of default or default judgment so the case can be defended on the merits. Courts distinguish between setting aside default before judgment and relief after a default judgment.

When it's used

Filed after a missed response deadline, missed appearance, defective calendaring, service misunderstanding, or other failure that led to default. The moving party must act quickly once it learns of default.

What the other side does

The plaintiff argues prejudice, willfulness, delay, weak defenses, proper service, or repeated disregard of court deadlines. The plaintiff may also ask for costs as a condition of relief.

Common outcomes

Courts often prefer merits decisions and may set aside default for good cause, especially before judgment. After judgment, the standard is stricter and Rule 60 grounds matter.

Not legal advice. Motion practice varies by court, judge, and case type. Local rules and standing orders frequently modify the federal defaults shown here. If you're facing a motion or considering filing one, talk to a lawyer about strategy and timing for your specific case.