What is a motion to set aside a default judgment in Arizona?

It is a request asking an Arizona 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. After a final default judgment, the main basis is Arizona Rule of Civil Procedure 60(b)(1), which requires you to show mistake, inadvertence, surprise, or excusable neglect.

What is the difference between setting aside a default and a default judgment in Arizona?

An entry of default is the record that you did not respond on time; a final default judgment is the later judgment that decides the case against you. Under Rule 55(c) the court may set aside an entry of default for good cause, a lower bar. Once a final default judgment is entered, you must use Rule 60(b), which carries a higher standard and the Rule 60(c) timing limits.

What is the deadline to set aside a default judgment in Arizona?

Under Rule 60(c) the motion must be made within a reasonable time, and for grounds (1), (2), and (3), including mistake and excusable neglect, no more than six months after the judgment is entered. That six-month cap is shorter than the federal one-year period. If the judgment is void because you were never properly served, a Rule 60(b)(4) motion is not limited to six months.

What must I prove to set aside a default judgment in Arizona?

Arizona applies the Richas v. Superior Court three-part test. You must show prompt action in seeking relief, that the failure to answer was due to mistake, inadvertence, surprise, or excusable neglect under Rule 60(b)(1), and a meritorious defense. The meritorious-defense showing need not be strong, but it must be greater than mere speculation and backed by some substantial supporting evidence.

Can I set aside an Arizona default judgment if I was never served?

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void, meaning it had no legal effect. Rule 60(b)(4) lets the court set aside a void judgment, and improper service is a common basis for voidness. A void-judgment motion is governed by the reasonable-time standard and is not limited to the six-month window that applies to excusable-neglect motions.

Do I need to attach a proposed answer to set aside a default judgment in Arizona?

Arizona practice supports the motion with a showing of a meritorious defense, and the proposed responsive pleading, your answer, is commonly attached to demonstrate it. This lets the judge see the real defense you would raise if the case reopens. This flows from the Richas three-part test rather than express text in Rule 55(c) or 60(b), so confirm your court's local requirements.

Where do I file a motion to set aside a default judgment in Arizona?

You file it in the Arizona Superior Court in the county where the case is pending, using the same case caption and case number. The motion is supported by a verified motion or affidavit of the facts showing excusable neglect and a meritorious defense. There is no single mandatory statewide set-aside form, so check your court's local rules and self-service resources for the filing method.

Arizona Motion to Set Aside a Default Judgment

Set aside an Arizona default judgment under Rule 60(b). Move within a reasonable time and no more than six months for mistake or excusable neglect, or anytime if the judgment is void.

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 defend the case on the merits. In Arizona the path depends on where the case stands. Before judgment, the court may set aside an entry of default for good cause under Arizona Rule of Civil Procedure 55(c), a lower bar. Once a final default judgment is entered, you must move under Rule 60(b), most often subsection (1) for mistake, inadvertence, surprise, or excusable neglect. Rule 60(c) sets the timing: the motion must be made within a reasonable time, and for grounds (1), (2), and (3) no more than six months after the judgment is entered. That six-month outer cap is distinctive; it is shorter than the one year the federal rule allows. Arizona also applies the Richas v. Superior Court three-part test: you must show prompt action, that the failure to answer was due to excusable neglect, and a meritorious defense, meaning a real defense you would raise if the case reopened. A separate path exists when the judgment is void (had no legal effect), most often because you were never properly served. A void-judgment motion under Rule 60(b)(4) is not capped at six months and need only be made within a reasonable time. DocDraft drafts an Arizona motion to set aside a default judgment from your facts, with attorney review available before you file.

0/5000

Key Things to Know

1
A default judgment is the judgment entered when a defendant does not respond in time. In Arizona you undo it with a motion to set aside, which reopens the case so it can be decided on the merits.
2
There are two stages. Before judgment, the court may set aside an entry of default for good cause under Rule 55(c). After a final default judgment, you move under Rule 60(b), a higher standard.
3
The main ground is Rule 60(b)(1): mistake, inadvertence, surprise, or excusable neglect. This is the most common basis for reopening a default judgment entered because you missed the deadline to answer.
4
The deadline is strict. Under Rule 60(c) the motion must be made within a reasonable time, and for grounds (1), (2), and (3) no more than six months after the judgment is entered. Six months is an outer limit, not a grace period, so file as soon as you can.
5
Arizona applies the Richas v. Superior Court three-part test. You must show prompt action in seeking relief, that the default resulted from mistake, inadvertence, surprise, or excusable neglect, and a meritorious defense.
6
The meritorious-defense showing need not be strong, but it must be more than mere speculation. Arizona practice supports the motion with a verified motion or affidavit of specific facts, and attaches the proposed answer you would file.
7
If you were never properly served, the judgment may be void. A void-judgment motion under Rule 60(b)(4) is governed by the reasonable-time standard, not the six-month cap that applies to grounds (1), (2), and (3).

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Arizona, 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

Customize your Motion to Set Aside a Default Judgment Template with DocDraft

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF [COUNTY]

[PLAINTIFF NAME], Plaintiff,

vs.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER]

MOTION TO SET ASIDE DEFAULT JUDGMENT; SUPPORTING AFFIDAVIT

[Ariz. R. Civ. P. 55(c), 60(b), and 60(c)]

Defendant [DEFENDANT NAME] moves this Court to set aside the default judgment entered on [DATE OF JUDGMENT] and to permit Defendant to file the proposed Answer submitted with this motion.

GROUNDS

This motion is brought under Arizona Rule of Civil Procedure 60(b)(1), which permits relief from a final judgment for mistake, inadvertence, surprise, or excusable neglect. The default judgment was entered because [describe the mistake, inadvertence, surprise, or excusable neglect that caused the failure to answer].
Timeliness. This motion is made within a reasonable time and, as required by Rule 60(c) for grounds (1), (2), and (3), no more than six months after the judgment was entered.
Prompt action. Defendant acted promptly to seek relief upon learning of the judgment on [DATE LEARNED], consistent with the first element of the Richas v. Superior Court test.
Meritorious defense. Defendant has a meritorious defense: [state the defense, for example the debt was paid, the amount is wrong, or Defendant is not the correct party]. This showing is greater than mere speculation and is supported by the facts in the attached affidavit and proposed Answer.
[If applicable: The judgment is void under Rule 60(b)(4) because Defendant was never properly served. A void-judgment motion is governed by the reasonable-time standard and is not limited to six months.]

AFFIDAVIT IN SUPPORT

I, [AFFIANT NAME], being first duly sworn, state that the facts set out above are true to the best of my knowledge. [State the facts of the mistake, inadvertence, surprise, or excusable neglect, the date you learned of the judgment, and the facts of your meritorious defense.]

[AFFIANT NAME]

Subscribed and sworn to before me on [DATE].

Notary Public

RELIEF REQUESTED

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

DATED this [DAY] day of [MONTH], [YEAR].

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

CERTIFICATE OF SERVICE

I certify that on [DATE] I served a copy of the foregoing motion, affidavit, and proposed Answer on the Plaintiff or Plaintiff's attorney by [method of service], in accordance with the Arizona Rules of Civil Procedure.

[NAME OF PERSON SERVING]

[Check your court's local rules for formatting, e-filing, and any local motion-to-set-aside packet before you file.]

Arizona Requirements for Motion to Set Aside a Default Judgment

Move within a reasonable time and no more than six months
Under Rule 60(c) the motion must be made within a reasonable time and, for grounds (1), (2), and (3) including mistake and excusable neglect, no more than six months after the judgment is entered. Six months is an outer limit, not a grace period; file as soon as you can.
Know the two stages: entry of default versus default judgment
Before judgment, the court may set aside an entry of default for good cause under Rule 55(c), a lower bar. After a final default judgment, you must move under Rule 60(b) and meet the Rule 60(c) timing limits.
State the ground: mistake, inadvertence, surprise, or excusable neglect
Identify the Rule 60(b)(1) ground and explain the facts that caused the default. The court weighs whether the neglect that caused the failure to answer was excusable under the circumstances.
Satisfy the Richas three-part test
Under Richas v. Superior Court you must show prompt action in seeking relief, that the default resulted from mistake, inadvertence, surprise, or excusable neglect, and a meritorious defense. All three elements are required.
Show a meritorious defense
The meritorious-defense showing need not be strong, but it must be greater than mere speculation and supported by some substantial evidence. Attaching the proposed answer you would file is the common way Arizona practice demonstrates it.
Check whether the judgment is void
If you were never properly served, the judgment may be void. Rule 60(b)(4) lets the court set aside a void judgment, and a void-judgment motion is governed by the reasonable-time standard, not the six-month cap.
Support the motion with a verified motion or affidavit
Arizona practice supports the motion with a verified motion or sworn affidavit of specific facts showing the reason for the default and the meritorious defense. Use the same case caption and case number as the court record.
File in the Superior Court and complete a certificate of service
File in the Arizona Superior Court in the county where the case is pending, serve the motion and proposed answer on the plaintiff, and complete a certificate of service. There is no single mandatory statewide form, so check your court's local rules for the filing method.

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion to Set Aside a Default Judgment Template with DocDraft

Arizona Requirements for Motion to Set Aside a Default Judgment

Move within a reasonable time and no more than six months

Know the two stages: entry of default versus default judgment

State the ground: mistake, inadvertence, surprise, or excusable neglect

Satisfy the Richas three-part test

Show a meritorious defense

Check whether the judgment is void

Support the motion with a verified motion or affidavit

File in the Superior Court and complete a certificate of service

Frequently Asked Questions