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Steps to File a Request to Set Aside (Cancel) an Order To ask the judge to set aside (cancel) the default judgment or other order against you, you will have to ask for a court hearing. To ask for a court hearing, complete paperwork and file specific forms with the court (see below for how to complete your request).
To ask a court to set aside (cancel) a court order or judgment, you have to file a \u201crequest for order to set aside,\u201d sometimes called a \u201cmotion to set aside\u201d or \u201cmotion to vacate.\u201d The terms \u201cset aside\u201d or \u201cvacate\u201d a court order basically mean to \u201ccancel\u201d or undo that order to start over on a particular issue.
The motion must include an affidavit of the party in default (i) stating facts showing that the party in default has a good defense to the allegations in the pleading, and (ii) showing \u201cgood cause\u201d as to why the party in default failed to appear in court or to file an answer to the pleading.
What is a set aside application? A defendant who has a default judgment against them can apply to the court that issued the judgment to set it aside. If the court sets aside the judgment, it is as though the order was never made. The court still needs to deal with the claim.
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