Alaska Motion to Set Aside a Default Judgment
Set aside an Alaska default judgment under Civil Rule 55(e) and Rule 60(b). File within a reasonable time, and within one year of the date of notice for excusable neglect.
Introduction
A motion to set aside a default judgment asks the court to undo a judgment entered against you because you did not respond to the lawsuit in time, so you can reopen the case and defend it on the merits. In Alaska the path runs through Civil Rule 55(e), which lets the court set aside an entry of default for good cause and, if a default judgment has already been entered, set that judgment aside in accordance with Civil Rule 60(b). Under Rule 60(b)(1) the court may relieve you from a final judgment for mistake, inadvertence, surprise, or excusable neglect. The motion must be made within a reasonable time, and for that ground it can be filed no more than one year after the judgment. Alaska measures that one year from the date of notice of the judgment under Civil Rule 58.1(c), not from the date it was entered, which is a distinctive local trigger. Alaska case law adds a second requirement most rules do not spell out. Under Gregor v. Hodges you generally must show both a reason such as excusable neglect for not answering and a meritorious defense, meaning a real defense you would raise if the case reopens. If the judgment is void, most often because you were never properly served, Rule 60(b)(4) has no one-year cap and is measured only by the reasonable-time standard. DocDraft drafts an Alaska motion to set aside a default judgment from your facts, with attorney review available before you file.
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Key Things to Know
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A default judgment is the judgment entered when a defendant does not respond in time. In Alaska you undo it with a motion to set aside, which reopens the case so it can be decided on the merits rather than on your missed deadline.
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Alaska uses a two-step rule. Civil Rule 55(e) lets the court set aside an entry of default for good cause and, if a default judgment has been entered, set it aside in accordance with Civil Rule 60(b). The judgment analysis therefore lives in Rule 60(b).
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The main ground is Civil Rule 60(b)(1): relief from a final judgment for mistake, inadvertence, surprise, or excusable neglect. You explain the facts that caused you to miss the deadline and why that neglect should be excused.
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The deadline has two parts. The motion must be made within a reasonable time, and for grounds (1), (2), and (3) no more than one year after the judgment. Alaska measures that year from the date of notice of the judgment under Civil Rule 58.1(c), not from entry.
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Alaska case law requires a meritorious defense. Under Gregor v. Hodges relief generally requires both a reason such as excusable neglect for not answering on time and a meritorious defense, the real defense you would raise if the case reopens.
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If you were never properly served, the judgment may be void. Rule 60(b)(4) covers a void judgment and is not capped at one year; it is measured only by the reasonable-time standard, and Rule 60(b) also preserves relief for a defendant not personally served.
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You file the motion in the Alaska trial court where the case is pending. The Alaska Court System publishes self-help set-aside forms, including CIV-858 for debt-collection defaults and CIV-807 for general civil cases, both keyed to Civil Rule 60(b).
Key decisions before you file
Before you file a Motion to Set Aside a Default Judgment in Alaska, a few decisions shape the document: which option to choose and what each one means. The Motion to Set Aside a Default Judgment guide walks through them.
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Alaska Requirements for Motion to Set Aside a Default Judgment
File within a reasonable time
Civil Rule 60(b) requires the motion to be made within a reasonable time. File as soon as you learn of the default judgment; waiting can undercut a showing of excusable neglect even when other limits have not run.
Meet the one-year cap from date of notice
For mistake or excusable neglect the motion must be made no more than one year after the judgment. Alaska measures that year from the date of notice of the judgment under Civil Rule 58.1(c), not from entry, so identify when you received notice.
State the ground: mistake, inadvertence, surprise, or excusable neglect
Identify the Civil Rule 60(b)(1) ground that applies and explain the facts that caused you to miss the deadline. The court weighs whether that neglect was excusable under the circumstances.
Show a meritorious defense
Under Gregor v. Hodges, Alaska relief generally requires both a reason such as excusable neglect and a meritorious defense. State the real defense you would raise if the case reopens, such as payment, a wrong amount, or mistaken identity.
Check whether the judgment is void
If you were never properly served, the judgment may be void under Civil Rule 60(b)(4). That ground has no one-year cap and is measured only by the reasonable-time standard, and Rule 60(b) preserves relief for a defendant not personally served.
Prepare a supporting affidavit
Support the motion with a sworn affidavit stating the facts of the mistake or excusable neglect and the date you received notice of the judgment. The Alaska self-help forms CIV-858 and CIV-807 combine the motion and affidavit in one document.
Attach the proposed answer where required
Rule 60(b) does not by its text require a proposed answer, but the meritorious-defense showing is usually made through one, and the debt form CIV-858 pairs the motion with a late-filed answer. Attaching your proposed answer lets the court see your defense.
File in the Alaska trial court and serve the plaintiff
File the motion in the Alaska trial court where the case is pending, using the applicable self-help form, and serve a copy on the plaintiff or plaintiff's attorney. Complete a certificate of service and confirm the filing method with your court.