From the 'Lectric Law Library
Order Setting Aside Entry of Default
or Default Judgment Form

 

__[Attorney name]__ __[Address]__ __[Telephone number]__ Attorney for __[e.g., Defendant]__, __[name]__ _ _ _ _ _ _ Court, County of _ _ _ _ _ _ __[_ _ _ _ _ _ District]__ _ _ _ _ _ _ _ _ _ _ _ ) No. _ _ _ _ _ _ Plaintiff(s) ) vs. ) ORDER SETTING ASIDE ENTRY OF ) __[DEFAULT __[AND DEFAULT _ _ _ _ _ _ _ _ _ _ _ ) JUDGMENT]__/DEFAULT JUDGMENT]__ Defendant(s) ) _________________________) Hearing: __[date; time]__ Department: _ _ _ _ _ _ Trial Date: __[if set]__ The motion of __[e.g., defendant]__, __[name]__, for an order setting aside entry of __[default __[and default judgment]__/default judgment]__ was regularly heard at the above date and time. Appearing as attorneys were: __[List names of attorneys and parties represented by each]__ . Satisfactory proof having been made, and good cause appearing, IT IS ORDERED that: 1. The motion be granted __[, subject to the conditions set forth below]__. 2. The __[default __[and default judgment]__/default judgment]__ previously entered be set aside and vacated. 3. __[E.g., Defendant]__ have _ _ court days to respond to the complaint. [Add if appropriate] 4. The above order take effect only after __[e.g., defendant]__ has complied with the following conditions by __[date]__: __[State conditions in numbered paragraphs]__. [Continue] Date: _ _ _ _ _ _ ____________________________ Judge [Local practice varies on whether a formal order is required or whether the court simply issues a minute order. Court's discretion and power to impose conditions on a motion to set aside entry of a default or default judgment is under CCP §473.]

Need a Lawyer? Check Out The 'Lectric Law Library's Searchable Attorney Directory
& our Searchable Expert Witness Directory

Search by
Google
Web Search Search the Library
* IMPORTANT CAUTION *
Most of our Forms are ONLY General, Generic Examples of possible formats & contents.   Legal Requirements & Accepted Customs Can and Do vary Greatly between (and even within) States and can Change Often.   To Not Create More Problems than they Solve Most MUST be Properly Drafted and Modified to Fit Specific Venues and Circumstances!
* * * * * * * * * * * * *
For Up-To-Date Forms Covering Just About Every State & Situation plus Summaries of
Relevant Laws We STRONGLY SUGGEST Checking Out

'LLL's 25,000+ Premium Forms - Every Subject, Every State
(This should open a new window. Close it when you're done and you'll be back here.)

We've lots of related material, so wander around & explore places like our
State Courts & Civil Law Topic Areas and Legal Professional's Lounge

Our Main Forms Room
Business & General Forms
* * * * * * * * * *
The Library Rotunda
Our Central Hub, Directory and Index
The Reference Room
Dozens of Topic Areas & Our Law Lexicon

[Last Revised 3/02]