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Hawaii Motion to Set Aside a Default Judgment

Set aside a Hawaii default judgment under HRCP 55(c) and Rule 60(b). File within a reasonable time, and within one year for mistake or 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 Hawaii a default judgment is set aside under Hawaii Rules of Civil Procedure Rule 55(c): the court may set aside an entry of default for good cause shown and, if a default judgment has been entered, may likewise set it aside in accordance with Rule 60(b). Rule 60(b) lets the court relieve you from a final judgment for reasons including mistake, inadvertence, surprise, or excusable neglect. The motion must be made within a reasonable time, and for that ground not more than one year after the judgment was entered. Hawaii also layers a named case-law standard on the rule. Under BDM, Inc. v. Sageco, Inc., the court applies a three-part test: the nondefaulting party will not be prejudiced by reopening, the defaulting party has a meritorious defense (a real defense worth trying), and the default was not the result of inexcusable neglect or a wilful act. If the judgment is void, often because you were never properly served, Rule 60(b)(4) provides a path not capped at one year. DocDraft drafts a Hawaii 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 Hawaii you undo it with a motion to set aside, which reopens the case so it can be decided on the merits rather than by default.

  2. 2

    The vehicle is HRCP Rule 55(c): the court may set aside an entry of default for good cause shown, and if a default judgment has been entered it may set that aside in accordance with Rule 60(b).

  3. 3

    Under Rule 60(b)(1) the ground is mistake, inadvertence, surprise, or excusable neglect. The motion must be made within a reasonable time, and for this ground not more than one year after the judgment was entered.

  4. 4

    Hawaii applies the BDM, Inc. v. Sageco, Inc. three-part test to any default set-aside: no prejudice to the nondefaulting party, a meritorious defense, and a default that was not the result of inexcusable neglect or a wilful act.

  5. 5

    All three prongs of the BDM test must be met. Failing any one of them supports denial, so your motion should address prejudice, your meritorious defense, and why the missed response was not inexcusable neglect or wilful.

  6. 6

    If the judgment is void, most often because you were never properly served, Rule 60(b)(4) applies. That ground is bounded only by a reasonable time and is not subject to the one-year cap that applies to excusable neglect.

  7. 7

    There is no single mandatory statewide Judiciary form for this motion, so it is filed as a party-drafted motion under HRCP 55(c) and 60(b). Confirm the filing court and any local requirements before you file.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Hawaii, 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 CIRCUIT COURT OF THE [NUMBER] CIRCUIT STATE OF HAWAII

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

Civil No.: [CASE NUMBER]

DEFENDANT'S MOTION TO SET ASIDE DEFAULT JUDGMENT; MEMORANDUM IN SUPPORT; DECLARATION OF [DECLARANT NAME]; CERTIFICATE OF SERVICE

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

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

PLEASE TAKE NOTICE that Defendant [DEFENDANT NAME] moves this Court for an order setting aside the default judgment entered on [DATE OF JUDGMENT] and permitting Defendant to defend this action on the merits.

MOTION

Defendant moves under Hawaii Rules of Civil Procedure Rule 55(c) and Rule 60(b) on the following grounds:

  1. Under Rule 55(c), the Court may set aside an entry of default for good cause shown and, if a default judgment has been entered, may set it aside in accordance with Rule 60(b).

  2. The default judgment was entered on [DATE] because [describe the mistake, inadvertence, surprise, or excusable neglect that caused the failure to respond]. This is a ground for relief under Rule 60(b)(1).

  3. This motion is made within a reasonable time and not more than one year after the judgment was entered, as Rule 60(b) requires for this ground.

  4. Relief is warranted under the three-part test of BDM, Inc. v. Sageco, Inc.: (a) Plaintiff will not be prejudiced by reopening the case; (b) Defendant has a meritorious defense, namely [state the defense, for example the debt was paid, the amount is wrong, or Defendant is not the correct party]; and (c) the default was not the result of inexcusable neglect or a wilful act.

  5. [If applicable: The judgment is void under Rule 60(b)(4) because Defendant was never properly served, and a motion on that ground is not subject to the one-year limit.]

DECLARATION

I, [DECLARANT NAME], declare under penalty of law that the foregoing is true and correct. [State the facts of the mistake, inadvertence, surprise, or excusable neglect, the meritorious defense, and the date you learned of the judgment.]

Dated: [CITY], Hawaii, [DATE].

[DECLARANT NAME]

RELIEF REQUESTED

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE], permit Defendant to file a responsive pleading and defend on the merits, and grant such other relief as the Court deems just.

Dated: [DATE]

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

CERTIFICATE OF SERVICE

I certify that on [DATE] I served a copy of the foregoing motion, memorandum, and declaration on the parties listed below by [method of service], in accordance with the Hawaii Rules of Civil Procedure.

[NAME OF PERSON SERVING]

[This is a party-drafted motion. Confirm the correct Circuit Court and any local filing and formatting requirements before you file.]

Hawaii Requirements for Motion to Set Aside a Default Judgment

File within a reasonable time, capped at one year

Under Rule 60(b) the motion must be made within a reasonable time, and for mistake, inadvertence, surprise, or excusable neglect it cannot be made more than one year after the judgment was entered. Act as soon as you learn of the judgment.

Know the void-judgment exception to the one-year cap

The one-year outer limit applies only to grounds (1), (2), and (3). A motion to set aside a void judgment under Rule 60(b)(4), for example for defective service, is bounded only by a reasonable time and is not capped at one year.

Bring the motion under HRCP 55(c) and 60(b)

HRCP Rule 55(c) provides that the court may set aside an entry of default for good cause shown and, if a default judgment has been entered, may set it aside in accordance with Rule 60(b). Cite both rules and identify your Rule 60(b) ground.

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

Identify which Rule 60(b)(1) ground applies and explain the facts. The court will weigh whether the neglect that caused the default was excusable rather than inexcusable or wilful under the circumstances.

Satisfy the BDM v. Sageco three-part test

Hawaii applies the BDM, Inc. v. Sageco, Inc. test: no prejudice to the nondefaulting party, a meritorious defense, and a default that was not the result of inexcusable neglect or a wilful act. All three prongs must be met, so address each one.

Show your meritorious defense

A meritorious defense is a required prong of the BDM test. Set out the real defense you would raise if the case is reopened, supported by an affidavit or declaration stating the facts, so the court can see the defense is genuine.

Support the motion with a declaration

Support the motion with an affidavit or declaration under penalty of law stating the facts of the mistake or excusable neglect, your meritorious defense, and when you learned of the judgment. Use the case caption exactly as it appears in the court record.

File in the Circuit Court and complete a certificate of service

File in the Circuit Court where the case is pending, in the same case, and serve the motion on the other parties with a certificate of service. There is no single mandatory statewide form; confirm your court's local filing requirements before you file.

Frequently Asked Questions

It is a request asking the 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 on the merits. In Hawaii the motion is brought under HRCP Rule 55(c), and a default judgment is set aside in accordance with Rule 60(b) for reasons such as mistake or excusable neglect.

An entry of default is the clerk's record that you did not respond on time. A default judgment is the later judgment that actually decides the case against you. Under HRCP Rule 55(c) the court may set aside an entry of default for good cause shown, and if a default judgment has been entered it may set that aside in accordance with Rule 60(b), which adds Rule 60(b)'s grounds and its timing limits.

Under Rule 60(b) the motion must be made within a reasonable time. For mistake, inadvertence, surprise, or excusable neglect, and for newly discovered evidence or fraud, it cannot be made more than one year after the judgment was entered. If the judgment is void under Rule 60(b)(4), that ground is limited only by a reasonable time and is not subject to the one-year cap.

Hawaii courts apply the BDM, Inc. v. Sageco, Inc. three-part test to a motion to set aside a default entry or a default judgment. The court may grant relief when the nondefaulting party will not be prejudiced by reopening, the defaulting party has a meritorious defense, and the default was not the result of inexcusable neglect or a wilful act. Failing any one prong supports denial.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. Rule 60(b)(4) lets the court set aside a void judgment. Because the one-year outer limit in Rule 60(b) applies only to grounds (1), (2), and (3), a motion to set aside a void judgment is bounded only by a reasonable time and is not capped at one year.

Yes. A meritorious defense is one of the three prongs of the BDM test, so you must show the court a real defense you would raise if the case is reopened. As a practical matter this is made by affidavit or declaration setting out the facts of your defense. The same test applies whether you are setting aside an entry of default or a default judgment.

You file it in the Circuit Court where the case is pending, in the same case and under the caption that appears in the court record. There is no single mandatory statewide form; the motion is drafted by the party under HRCP Rule 55(c) and Rule 60(b), supported by an affidavit or declaration. Confirm your court's local filing requirements before you file.