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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

  1. 1

    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.

  2. 2

    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).

  3. 3

    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.

  4. 4

    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.

  5. 5

    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.

  6. 6

    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.

  7. 7

    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.

Open the Motion to Set Aside a Default Judgment guide

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IN THE TRIAL COURTS FOR THE STATE OF ALASKA AT [LOCATION]

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER]

MOTION TO SET ASIDE DEFAULT JUDGMENT; AFFIDAVIT IN SUPPORT

[Alaska R. Civ. P. 55(e) and 60(b)]

TO THE PLAINTIFF AND TO THE CLERK OF THE ABOVE-ENTITLED COURT:

Defendant [DEFENDANT NAME] moves the Court, under Alaska Civil Rule 55(e) and Civil Rule 60(b), for an order setting aside the default judgment entered on [DATE OF JUDGMENT] and permitting Defendant to file the proposed Answer submitted with this motion.

GROUNDS

  1. Civil Rule 55(e) provides that for good cause shown the court may set aside an entry of default and, if a default judgment has been entered, may likewise set it aside in accordance with Civil Rule 60(b).

  2. Relief is warranted under Civil Rule 60(b)(1) because the failure to respond was the result of [describe the mistake, inadvertence, surprise, or excusable neglect that caused the missed deadline].

  3. [If applicable: The judgment is void under Civil Rule 60(b)(4) because Defendant was never properly served, and Rule 60(b) preserves the court's power to grant relief to a defendant not personally served.]

TIMELINESS

  1. This motion is made within a reasonable time. For the ground of excusable neglect, it is made no more than one year after the judgment, measured from the date of notice of the judgment under Civil Rule 58.1(c). Defendant received notice of the judgment on [DATE OF NOTICE].

MERITORIOUS DEFENSE

  1. Defendant has a meritorious defense, as Alaska law requires in addition to excusable neglect. If the case is reopened, Defendant would show that [state the defense, for example the debt was paid, the amount claimed is wrong, or Defendant is not the correct party]. A copy of the Answer that Defendant proposes to file is submitted with this motion.

AFFIDAVIT

I, [DECLARANT NAME], being first duly sworn, state that the foregoing facts are true to the best of my knowledge. I explain the reason I did not respond on time and the date I first received notice of the judgment as follows: [statement of facts].

[DECLARANT NAME]

Subscribed and sworn to before me on [DATE].

Notary Public / Clerk of Court

RELIEF REQUESTED

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE], accept the attached proposed Answer, and grant such other relief as the Court deems just.

Dated: [DATE]

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] Defendant / Attorney for Defendant

CERTIFICATE OF SERVICE

I certify that on [DATE] I served a copy of this motion, the affidavit, and the proposed Answer on the plaintiff or plaintiff's attorney by [method of service], addressed to [address].

[NAME OF PERSON SERVING]

[The Alaska Court System publishes self-help set-aside forms keyed to Civil Rule 60(b): CIV-858 for debt-collection defaults and CIV-807 for general civil cases. Confirm the correct form and filing method with your court.]

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.

Frequently Asked Questions

It is a request asking the Alaska trial court to undo a default judgment, which is the judgment entered against a defendant who did not respond to the lawsuit in time. Setting it aside reopens the case so you can defend it. In Alaska the motion runs through Civil Rule 55(e) into Civil Rule 60(b), most often on the ground of mistake, inadvertence, surprise, or excusable neglect.

An entry of default is the court's record that you did not respond on time; a default judgment is the later judgment that actually decides the case against you. Under Civil Rule 55(e) the court may set aside an entry of default for good cause, and if a default judgment has been entered it may set that aside in accordance with Civil Rule 60(b). The judgment step is generally harder and adds Rule 60(b)'s deadline and grounds.

Under Civil Rule 60(b) the motion must be made within a reasonable time, and for mistake or excusable neglect 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 when it was entered. If the judgment is void under Rule 60(b)(4), there is no one-year cap and only the reasonable-time standard applies.

The main ground is Civil Rule 60(b)(1): mistake, inadvertence, surprise, or excusable neglect that caused you to miss the deadline. Rule 60(b) also lists newly discovered evidence, fraud, a void judgment, and other reasons. Under Alaska case law, Gregor v. Hodges, relief generally requires both a reason such as excusable neglect and a meritorious defense you would raise if the case reopens.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. Civil Rule 60(b)(4) covers a void judgment and is not limited by the one-year cap that applies to excusable-neglect motions; it is measured only by the reasonable-time standard. Rule 60(b) also preserves the court's power to grant relief to a defendant not personally served.

Generally yes for an excusable-neglect motion. Under Gregor v. Hodges, Alaska relief under Rule 60(b) requires both a reason such as excusable neglect for not answering on time and a meritorious defense. In practice that showing is often made through a proposed answer, and the Alaska self-help debt form CIV-858 pairs the motion with a late-filed answer. Rule 60(b) itself does not state a proposed-answer requirement in its text.

You file it in the Alaska trial court where the case is pending, in the same case where the default judgment was entered. The Alaska Court System publishes self-help set-aside forms keyed to Civil Rule 60(b): CIV-858 to set aside a default and accept a late-filed answer in debt cases, and CIV-807 to set aside a judgment or order in general civil cases. Check your court for the filing method.