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