What grounds justify relief?

Common grounds include lack of proper service, excusable neglect, mistake, inadvertence, or newly discovered evidence. You must show both a credible excuse for the default and a meritorious defense to obtain relief.

How quickly must I act?

Timeliness varies by jurisdiction and the governing civil procedure rule. File as soon as practical after learning of the default; delays can bar relief if the court finds prejudice or inexcusable delay.

Can the motion be e-filed and e-signed?

Many courts accept e-filed motions and electronic signatures consistent with the ESIGN Act (15 U.S.C. ch. 96) and state UETA rules; New York follows NY ESRA. Check local court e-filing and signature policies before filing.

Is notarization required for affidavits?

Affidavits often must be sworn under penalty of perjury and may require notarization depending on local rules. Follow the court's rules for sworn declarations and notarized exhibits.

What if the plaintiff opposes the motion?

Opposition typically triggers a hearing or briefing schedule. The court will weigh timeliness, prejudice to the plaintiff, and the strength of the asserted defense in deciding whether to set aside the judgment.

When should I consult an attorney?

Consult counsel if the default resulted from complex procedural issues, possible jurisdictional defects, substantial prejudice, or when opposing counsel raises sanctions or fee-shifting claims.

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Motion to Set Aside Default Judgment

Motion to Set Aside Default Judgment

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MOTION TO SET ASIDE DEFAULT JUDGMENT OR DISMISSAL; DECLARATION; NOTICE OF MOTION; CERTIFICATE OF SERVICE

Form #2DC42

IN THE DISTRICT COURT OF THE SECOND CIRCUIT

STATE OF HAWAIʻI DIVISION

Plaintiff(s)

Reserved for Court Use

Civil No.

Filing Party(ies)/Filing Party(ies)' Attorney (Name, Attorney Number, Firm Name (if applicable), Address, Telephone and Facsimile Numbers)

Defendant(s)

Date of Default, Judgment or Dismissal entered:

MOTION TO SET ASIDE DEFAULT JUDGMENT or DISMISSAL

Filing Party(ies) requests that this Motion be set for hearing on a date and time certain. This Motion is based on the Declaration below and is made pursuant to the District Court Rules of Civil Procedure, Rule

DECLARATION

I have read this Motion, know the contents and verify that the statements are true to my personal knowledge and belief. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF HAWAI'I THAT THE FOLLOWING IS TRUE AND CORRECT:

1. I am the Movant or associated with Movant as

2. The following are facts why the Motion should be granted (attach continuation page, if necessary);

Date:

Signature of Declarant:

Print/Type Name:

SEE AND USE PAGE 2 TO RESPOND TO MOTION

(Rev. 7/28/2017)

MOTSETSD.2XX 2D-P-256

RG-AC-508 (8/17)

Page 1 of 2

NOTICE OF MOTION

TO:

Please take notice that this Motion will be heard by the District Judge of this Court, in his/her Courtroom, at the address checked below on 20 at M., or as soon thereafter as parties may be heard.

COURT ADDRESSES

Wailuku Division (Regular Claims) 2145 Main Street, Courtroom 3C, Third Floor, Wailuku, Hawaiʻi, 96793

Wailuku Division (Small Claims) 2145 Main Street, Courtroom 3D, Third Floor, Wailuku, Hawai'i 96793

Lahaina Division 1870 Honoapiilani Highway, Lahaina, Hawaiʻi, 96761

Hana Division 4974 Uakea Road, Hana, Hawaiʻi, 96713

Moloka'i Division 55 Makaena Place, Kaunakakai, Moloka'i, Hawai'i 96748

Lana'i Division 312 8th Street, Lana'i City, Lana'i, Hawai'i 96763

Mailing address for the above Courts:

CERTIFICATE OF SERVICE

I certify that a copy of this Motion was served at the last known address(es) of the Opposing Party(ies) or Opposing Party(ies)' attorney on by Hand-delivery or Mail, Postage Prepaid, at the following address(es):

Date:

Signature of Filing Party(ies)/Filing Party(ies)' Attorney:

Print/Type Name:

RESPONSE TO MOTION/CERTIFICATE OF SERVICE

I DO NOT OBJECT to this Motion.

I DISAGREE with this Motion for the following reasons:

Reserved for Court Use

I have read this Response, know the contents and verify that the statements are true to my personal knowledge and belief. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF HAWAIʻI THAT THE ABOVE IS TRUE AND CORRECT.

CERTIFICATE OF SERVICE

I certify that a copy of this Response was served at the last known address(es) of the Opposing Party(ies) or Opposing Party(ies)' attorney on by Hand-delivery or Mail, Postage Prepaid, at the following address(es):

Date:

Signature of Responding Party(ies)/Responding Party(ies)'Attorney:

Print/Type Name:

In accordance with the Americans with Disabilities Act, and other applicable State and Federal laws, if you require an accommodation for your disability when working with a court program, service, or activity please contact the District Court Administration Office at PHONE NO. 244-2800, FAX 244-2849, or email adarequest@courts.hawaii.gov at least (10) working days before your preceeding, hearing, or appointment date. For Civil related matters, please call 244-2706 or visit the Service Center at 2145 Main Street, Room 141A, Wailuku, Hawai'i 96793.

2D-P-256

(Rev 7/28/2017)

Page 2 of 2

What the Motion to Set Aside Default Judgment Is

A Motion to Set Aside Default Judgment is a court filing by a party who asks the court to vacate or reopen a judgment entered after that party failed to timely defend. The motion explains the reason for the default, shows a meritorious defense or other equitable grounds, and requests the court restore the case to the active docket. Typical grounds include lack of proper service, excusable neglect, mistake, inadvertence, or newly discovered evidence. The motion usually attaches sworn affidavits, a proposed order, and proof of service.

Why You Might File This Motion

Filing a Motion to Set Aside Default Judgment can restore litigation rights, permit defenses on the merits, and prevent an unenforceable judgment.

Who Typically Prepares or Responds to This Motion

Typical filers include defendants who defaulted, attorneys representing them, and sometimes interested third parties affected by enforcement actions.

Defaulted defendant — Files motion explaining absence and presents meritorious defense evidence.
Defense counsel — Prepares legal brief, affidavits, and proposed order for court consideration.
Plaintiff or judgment creditor — May oppose motion and present proof of service or prejudice.

Essential Parts of a Professional Motion to Set Aside Default Judgment

A complete motion organizes the caption, factual statement, legal grounds, supporting affidavits, a proposed order, and the precise relief requested for judicial review.

Caption

List the court, case number, judge, and full party names and title the document 'Motion to Set Aside Default Judgment' to ensure accurate docketing.

Statement of Facts

Provide a clear chronology of events explaining why default occurred, include dates of attempted service and any mitigating circumstances supported by evidence.

Legal Basis

Cite the applicable civil procedure rule or statute that authorizes relief from default and summarize controlling case law for the court's standard of review.

Meritorious Defense

Briefly describe the defense the defendant intends to raise so the court can determine whether reopening the case would allow adjudication on the merits.

Affidavits

Attach sworn declarations from the defendant or witnesses describing facts, efforts to respond, and evidence; notarize when required by local practice.

Proposed Order

Include a clean proposed order granting relief, vacating the default judgment, and setting case scheduling instructions to streamline the judge's ruling.

Required Information and Fields for the Motion

Case Caption: Court, case number, and party names.

Motion Title: Exact title: Motion to Set Aside Default Judgment.

Grounds Stated: Specify reason: service, neglect, mistake.

Supporting Affidavits: Signed, notarized declarations where required.

Proposed Order: Attach order for judge's signature.

Proof of Service: Certificate showing service to parties.

Penalties and Risks of an Incorrect or Untimely Motion

Denial Risk: Motion denied; judgment stands.

Sanctions: Court may impose sanctions.

Time Bar: Missed deadlines preclude relief.

Perjury Risk: False affidavits carry penalties.

Appeal Limitations: Limited appellate relief after denial.

Collateral Effect: Credit reporting or collection continues.

Frequent Pitfalls When Preparing the Motion

Failing to attach supporting affidavits or exhibits often leads to denial because factual assertions lack admissible proof.
Using an incorrect caption, case number, or serving the wrong party causes administrative rejection or raises jurisdictional objections.
Missing local rule requirements — such as word limits, filing format, or motion calendar dates — can forfeit hearing opportunities.
Relying solely on counsel's negligence without evidence of excusable neglect reduces chances of relief under most state rules.

Step-by-Step: How to Complete the Motion

Complete the Motion to Set Aside Default Judgment in four practical steps: prepare the pleadings, attach evidence, file with the clerk, and serve opposing parties.

01

Draft Motion: Explain grounds and cite authority clearly.
02

Attach Proofs: Affidavits, service proofs, and exhibits.
03

File with Court: Follow court's e-filing or clerk procedures.
04

Serve Parties: Provide proof of service per local rules.

Filing Workflow Overview

The filing workflow typically proceeds from drafting to clerk filing, judge assignment, possible hearing, and issuance of an order resolving the motion.

Drafting: Assemble motion, exhibits, and proposed order.
E-Filing/Clerk: Submit via court portal or deliver to clerk.
Hearing: Judge reviews filings and hears arguments, if scheduled.
Order: Court issues order granting or denying relief.

Setting Up an Electronic Workflow for This Motion

Configure an electronic workflow to collect signatures, attach exhibits, and track service with timestamps and a secure audit log.

Workflow Field and Configuration Guidance	Field \| Configuration
Signer Authentication	Email link \| SMS PIN or KBA as needed
Signature Fields	Signature, Date \| Required for each signer
Document Attachments	Affidavits, exhibits \| PDFs preferred, searchable text
Audit Trail	Enable \| Capture IP, timestamps, and actions

eSignature Vendor Comparison for Preparing and Serving the Motion

Compare starting prices and core capabilities of common eSignature providers used to assemble, sign, and serve court filings associated with the motion.

	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 trial	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/yr	Varies	Varies	Varies

FAQs and Practical Answers

Answers to common questions about grounds, timing, electronic filing, notarization, opposition handling, and when to consult counsel.

Need help? Contact support

What grounds justify relief?
Common grounds include lack of proper service, excusable neglect, mistake, inadvertence, or newly discovered evidence. You must show both a credible excuse for the default and a meritorious defense to obtain relief.
How quickly must I act?
Timeliness varies by jurisdiction and the governing civil procedure rule. File as soon as practical after learning of the default; delays can bar relief if the court finds prejudice or inexcusable delay.
Can the motion be e-filed and e-signed?
Many courts accept e-filed motions and electronic signatures consistent with the ESIGN Act (15 U.S.C. ch. 96) and state UETA rules; New York follows NY ESRA. Check local court e-filing and signature policies before filing.
Is notarization required for affidavits?
Affidavits often must be sworn under penalty of perjury and may require notarization depending on local rules. Follow the court's rules for sworn declarations and notarized exhibits.
What if the plaintiff opposes the motion?
Opposition typically triggers a hearing or briefing schedule. The court will weigh timeliness, prejudice to the plaintiff, and the strength of the asserted defense in deciding whether to set aside the judgment.
When should I consult an attorney?
Consult counsel if the default resulted from complex procedural issues, possible jurisdictional defects, substantial prejudice, or when opposing counsel raises sanctions or fee-shifting claims.

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