Establishing secure connection…Loading editor…Preparing document…

Motion to Set Aside Default Judgment

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

MOTION TO SET ASIDE DEFAULT JUDGMENT AND ORDER

Approved, SCAO

Original - Court

1st copy - Defendant

2nd copy - Complainant

STATE OF MICHIGAN

JUDICIAL DISTRICT

MOTION TO SET ASIDE DEFAULT JUDGMENT

AND ORDER

Civil Infraction

CASE NO.

Court address

Court telephone no.

Defendant

V

Complainant(s)

Civil infraction:

Infraction date:

The

of:

MOTION

1. This motion is made within 14 days of the day on which the court sent notice of default judgment to me.

2. I have good cause for

Explain the reasons on a separate sheet or on the back of this form.

3. The following is my defense/explanation to the complaint: Specify the defense/explanation.

4. Attached is a cash bond equal to the fine and costs due as specified in the default judgment.

5. I request the default judgment be set aside in this case and, if required, agree to appear on the date scheduled by the court to state my reasons for this request.

Date

Defendant's signature

ORDER

IT IS ORDERED:

6. The defendant's motion is

7. A Date

at

before

Location

8. Other:

Date

Judge/magistrate

Bar no.

CIA 04 (3/15) MOTION TO SET ASIDE DEFAULT JUDGMENT AND ORDER, Civil Infraction

MCR 4.101(D)

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What the Motion to Set Aside Default Judgment Is

A Motion to Set Aside Default Judgment is a court filing asking a judge to undo a judgment entered when a party failed to appear or respond. The motion explains why the default occurred, presents legal grounds for relief, and asks the court to reopen the case so the moving party can defend on the merits.

Why you might file this motion

Use this motion to protect your procedural and substantive rights after a default. Granting relief restores the opportunity to present defenses, challenge damages, or seek equitable resolution where excusable neglect, mistake, or other good cause exists.

Why you might file this motion

Who typically files or responds

The motion is used by defendants who missed deadlines, plaintiffs defending against improper relief, and counsel seeking procedural correction.

  • Defendants who missed service or deadlines and can show excusable neglect or lack of proper notice.
  • Plaintiffs or judgment creditors when contesting a late challenge or clarifying enforcement rights.
  • Attorneys representing parties in civil litigation to preserve defenses and preserve appeal rights.

Courts evaluate both procedural timing and substantive fairness; parties should provide a clear factual record and supporting affidavits when filing.

Core components to include in the motion

A complete Motion to Set Aside Default Judgment contains identifying details, legal grounds, supporting facts, and a clear request for relief presented in professional format.

Caption

Court name, case number, party names, and judge assignment. Proper caption ensures the court will accept and docket the filing.

Statement of Facts

Chronological factual narrative explaining how and why the party defaulted, including dates of service, attempts to respond, and any excusable neglect.

Legal Grounds

Identify the basis for relief (for example, Federal Rule of Civil Procedure 60(b) or state-equivalent grounds) and apply controlling standards to the facts.

Relief Requested

Clear, specific request: set aside the default and judgment, reopen case, and permit filing of responsive pleadings or defenses.

Supporting Evidence

Affidavits, declarations, proof of service, correspondence, and other exhibits that corroborate the reasons for the default and show meritorious defense.

Certificate of Service

Statement that all parties were served with the motion and exhibits in the manner required by the court rules.

Essential filing information at a glance

Court name: Full court identifier
Case number: Exact docket number
Party names: Plaintiff and defendant
Judgment date: Date judgment entered
Relief sought: Set aside judgment
Signature: Signed by movant or counsel

Step-by-step: preparing and filing the motion

Follow these practical steps to assemble, sign, and file a Motion to Set Aside Default Judgment in most U.S. courts.

  • 01
    Gather records: Collect service proofs, judgment, correspondence, and evidence supporting excusable neglect.
  • 02
    Draft motion: Prepare caption, facts, legal grounds, and proposed order in the court's required format.
  • 03
    File and serve: File with the clerk and serve opposing parties per local rules and methods.
  • 04
    Attend hearing: Prepare to present testimony and exhibits if the court schedules oral argument.

Configuring an online filing and e-sign workflow

If submitting electronically, verify each workflow setting—authentication, attachments, service, and notifications—before sending the motion to the court and opposing counsel.

Field Configuration
Signer list Include movant and counsel emails for signature routing
Authentication Use email or phone OTP as required by court
Attachments Upload affidavit, exhibits, and proposed order in PDF
Service method Select e-service or certified mail per local rule

Where to file and how the filing flows

A motion may be filed electronically or in person. Confirm the court's preferred submission channel and service requirements before filing.

  • E-filing portal: Submit through the court's electronic filing system when available.
  • County clerk: Deliver paper filings to the clerk if e-filing is not required.
  • Mail service: Serve opposing counsel by certified mail when permitted.
  • In-person filing: File and obtain a stamped conformed copy for your records.

Technical requirements for digital signing and e-submission

Confirm file formats, signer authentication, and audit trail capabilities before e-filing or serving the motion.

  • File formats: PDF/A or standard PDF preferred
  • ID verification: Email and OTP or KBA where required
  • Audit trail: Timestamps, IP, and signature history

Ensure the e-sign platform supports court-accepted output, preserves an immutable audit trail, and can produce a signed PDF suitable for filing and service.

Timelines and rule-based deadlines to watch

Deadlines for a Motion to Set Aside Default Judgment vary by authority; check controlling rules and local court scheduling.

Federal Rule timing:

Under FRCP 60(c)(1), motions for mistake, inadvertence, surprise, or excusable neglect must be made within a reasonable time and, where applicable, not more than one year.

State rule variation:

Many states adopt rules similar to FRCP 60; local timing often varies, consult local civil procedure.

Service deadlines:

Proof of timely service must accompany the motion or be established at filing.

Hearing scheduling:

Courts may set expedited hearings; expect scheduling within weeks to months.

Appeal window impact:

Filing a timely motion can toll or affect appeal deadlines; confirm effect with counsel.

Key milestones from judgment to resolution

Typical sequence from default entry through court decision — track each stage to maintain timeliness and preserve arguments.

01

Entry of Default

Judgment is entered after failure to respond; triggers right to seek relief.

02

File Motion

Submit motion and supporting affidavit as soon as possible after discovering default.

03

Serve Parties

Deliver the motion per local rules; include proof of service with filing.

04

Court Decision

Judge issues ruling granting, denying, or holding a hearing to resolve the motion.

Common mistakes to avoid when preparing the motion

  • Missing or incomplete proof of service leads to rejection or delay and can be fatal to the motion.
  • Vague affidavits lacking specific dates and actions fail to demonstrate excusable neglect or a meritorious defense.
  • Failing to follow local formatting and filing rules (caption, page limits, proposed order) can result in administrative denial.
  • Waiting too long to act may render the motion untimely under FRCP 60(c)(1) or state equivalents.

Consequences of an incorrect or untimely motion

Motion denial: Court may refuse relief
Sanctions risk: Court can impose fees or sanctions
Waived defenses: Failure to timely preserve defenses
Enforcement actions: Judgment collection continues
Appeal complication: Late filings can bar or complicate appeals
Perjury exposure: False affidavits risk criminal penalties

Example scenarios showing how motions are used

These anonymized examples show typical fact patterns and outcomes where courts may exercise discretion to set aside a default judgment.

Missed Service Example

A defendant who never received proper service brought a motion

  • Court found inadequate notice
  • The court set aside the judgment and allowed a responsive pleading after reviewing affidavits and proof of non-service.

Administrative Error Example

A small business missed a deadline due to mailing failure

  • Counsel demonstrated excusable neglect and a meritorious defense
  • Judge reopened the case, permitting the company to dispute the underlying claim on the merits.

How this motion differs from similar procedural options

Compare common remedies so you can choose the appropriate procedural path: motion to set aside, Rule 60(b) relief, appeal, or post-judgment relief.

Type Time limit Review standard Typical remedy
Set Aside Motion varies discretionary reopen case
Rule 60(b) reasonable time / 1 year for some grounds extraordinary relief vacate or amend judgment
Appeal short statutory window review of legal error reverse or remand
Post-Judgment Motion varies limited grounds modify enforcement

eSignature vendor comparison for drafting and filing support

Basic pricing and feature availability for common eSignature platforms. signNow is listed first per compatibility with legal workflows and cost-sensitive deployments.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Motions to Set Aside Default Judgment

Answers to common procedural and tactical questions to help avoid delays and improve filing quality.


Need help? Contact support

Explore Templates

Assignment of Leases and Rents Agreement Regarding Tenant Alterations Move Out Letter Release of Lien as to Leasehold Estate New Tenant Welcome Card 25 CFR Chapter I Section 4.1.18 Bureau of Indian Affairs
be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.