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Motion set aside judgment 2026
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- Click ‘Get Form’ to open the motion set aside judgment in the editor.
- Begin by filling in your name, address, and contact information at the top of the form. Ensure accuracy as this information is crucial for court correspondence.
- In the 'Petitioner/Plaintiff' and 'Respondent/Defendant' sections, enter the names of all parties involved in the case. This helps establish who is affected by the judgment.
- Proceed to section 1, where you will indicate whether the hearing was contested or uncontested. Fill in details such as date, department, and names of present parties.
- In section 3, list each child’s name and date of birth. Specify if a paternity judgment or voluntary declaration exists for each child.
- Complete section 5 by indicating which judgments are being set aside. Use checkboxes to clarify your requests regarding each child listed.
- Finally, review all entries for accuracy before saving your document. Utilize our platform's features to sign and distribute your completed form seamlessly.
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What happens after a judgement is set aside?
If the judge grants your motion and sets aside the default judgment, any money taken from you should be returned (unless the judge orders something different). The case is not over though. Once the judgment is set aside, the case starts up again.
What does a motion to set aside judgment mean?
A set aside in simple terms means that a court vacates or voids a prior order, as if the order never existed. Before a court will set aside a judgment or order, there must be a clear statutory basis for the set aside, and facts that warrant the order vacated.
What are the grounds for setting aside a Judgement?
A judgment or order may be set aside if given, entered or made irregularly, illegally or against good faith: r 36.15(1). The focus of r 36.15(1) is on the judgment or order that is attacked and the question is whether it was given, entered or made irregularly, illegally or against good faith.
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