
Motion Set Aside Form


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What is a 473 motion to set aside?
Under CCP § 473(b), the court may set aside a default and default judgment if the defendant asking for the set aside presents enough evidence to the court to demonstrate that the default was entered by inadvertence, mistake, surprise, or excusable neglect.
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What does set aside mean in a court case?
When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate. The phrase is often used in the context of appeals, when an appellate court invalidates the judgment of a lower court.
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What is a motion to set aside sanctions?
The motion must be brought no later than 60 days after sanctions have been imposed. A motion to set aside sanctions imposed by default must contain a short and concise statement of the reasons the prospective juror was not able to attend when summoned for jury duty and any supporting documentation.
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What is a motion to set aside default in federal court?
The rule provides that entry of default may be set aside upon a showing of “good cause.” In determining whether good cause has been shown, a district court must consider (1) whether the default resulted from culpable conduct on the part of the defendant; (2) whether the defendant has a meritorious defense; and (3) ...
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