[COURT NAME]
[DIVISION] DIVISION

[PLAINTIFF NAME(S)], §
§
Plaintiff[s], §
§ CIVIL ACTION NO. [CASE NO.]
v. §
§
[DEFENDANT NAME(S)], §
§
Defendant[s]. §
________________________________________________§______________________________________________

[DEFENDANT] MOTION TO SET ASIDE DEFAULT
________________________________________________________________________________________________

[// GUIDANCE: Insert any required local-rule header language here.]

NOTICE OF MOTION AND MOTION

PLEASE TAKE NOTICE that on [HEARING DATE] at [TIME], or as soon thereafter as counsel may be heard, Defendant [DEFENDANT NAME] will and hereby does move the Court to set aside:
☐ the Clerk's Entry of Default under Fed. R. Civ. P. 55(c)
☐ the Default Judgment under Fed. R. Civ. P. 60(b)

This Motion is based on the accompanying memorandum, declarations, exhibits, and the pleadings on file.

MEMORANDUM OF POINTS AND AUTHORITIES

I. Introduction

Default should be set aside because [DEFENDANT] acted promptly, has meritorious defenses, and Plaintiff will not be prejudiced.

II. Background

• Service of process: [DATE] via [METHOD].
• Entry of default: [DATE].
• Reason for default: [EXPLAIN MISTAKE, INADVERTENCE, OR EXCUSABLE NEGLECT].
• Date Defendant learned of default: [DATE].

III. Legal Standard

A. Rule 55(c) - Good Cause
Courts consider whether (1) the defaulting party's conduct was culpable, (2) the party has a meritorious defense, and (3) setting aside default would prejudice the non-moving party.

B. Rule 60(b) - Default Judgment
A default judgment may be set aside for reasons including mistake, inadvertence, excusable neglect, newly discovered evidence, fraud, or any other reason that justifies relief.

IV. Argument

A. Defendant acted promptly and in good faith.
[Explain promptness and lack of willful disregard.]

B. Defendant has meritorious defenses.
[Summarize defenses and attach a proposed answer if required.]

C. Plaintiff will not be prejudiced.
[Explain lack of prejudice beyond ordinary litigation delay.]

D. The equities favor resolving the case on the merits.
[Address policy favoring merits adjudication.]

V. Requested Relief

Defendant respectfully requests that the Court:
1. Set aside the entry of default and/or default judgment.
2. Permit Defendant to file an Answer or other responsive pleading within [NUMBER] days.
3. Grant such other relief as the Court deems just.

CONCLUSION

For the foregoing reasons, the Court should grant the Motion to Set Aside Default.

Respectfully submitted,

text
Dated: [DATE]

______________________________
[ATTORNEY NAME]
[LAW FIRM]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for Defendant

CERTIFICATE OF SERVICE

I certify that on [DATE], I served the foregoing Motion to Set Aside Default on all counsel of record via [METHOD OF SERVICE] in compliance with Fed. R. Civ. P. 5.

text
______________________________
[ATTORNEY NAME]

[PROPOSED] ORDER

The Court, having considered Defendant's Motion to Set Aside Default and the supporting materials, ORDERS as follows:
1. The entry of default and/or default judgment is SET ASIDE.
2. Defendant shall file a responsive pleading by [DATE].

IT IS SO ORDERED.

Dated: [DATE]

______________________________________
[JUDGE NAME]
United States District Judge