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

It is a request asking an Idaho district 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. The vehicle is Idaho Rule of Civil Procedure 60(b), which lets the court grant relief for reasons such as mistake, inadvertence, surprise, or excusable neglect, and Idaho case law asks you to show a meritorious defense.

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

An entry of default is the court's record that you did not respond on time, entered before any judgment. Under Idaho Rule of Civil Procedure 55(c) it is set aside for good cause, a more lenient standard. A default judgment is the later judgment that decides the case against you. Once it is entered you must use Rule 60(b), which carries a six-month cap for the core grounds and asks you to show a meritorious defense.

What grounds and standard apply to set aside a default judgment in Idaho?

Idaho Rule of Civil Procedure 60(b) lists grounds including mistake, inadvertence, surprise, or excusable neglect, newly discovered evidence, fraud or misconduct by an opposing party, a void judgment, and any other reason that justifies relief. On top of the rule, Idaho case law requires you to show a meritorious defense by pleading facts that, if established, would be a defense to the claim. The court does not decide the truth of those facts on the motion.

Can I set aside an Idaho 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. Idaho Rule of Civil Procedure 60(b)(4) lets the court set aside a void judgment, and unlike the mistake or excusable-neglect grounds it is not capped at six months; the court asks only whether you moved within a reasonable time. Rule 60(b) also preserves the court's power over a judgment entered against a party who was not personally served and did not appear.

Do I need to show a meritorious defense to set aside a default judgment in Idaho?

Yes. Idaho case law layered on Rule 60(b) requires you to show a meritorious defense with the motion, meaning you plead facts that, if established, would be a defense to the action. The court does not decide whether those facts are true on the set-aside motion; it looks at whether a genuine defense exists. In practice the showing is often made through an affidavit or a proposed answer, so confirm what your court expects.

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

You file it in the Idaho district court for the county where the action is pending, with the clerk of the court named in the case caption. Support it with an affidavit stating the facts of the mistake or excusable neglect and when you learned of the judgment, and show your meritorious defense. Filing methods and local requirements vary by county, so check your court's local rules before you file.

Idaho Motion to Set Aside a Default Judgment

Set aside an Idaho default judgment under I.R.C.P. 60(b). For mistake or excusable neglect you have only six months, not a year, and must show a meritorious defense.

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 the case can be reopened and decided on the merits. In Idaho you set aside a default judgment under Idaho Rule of Civil Procedure 60(b), which lets the court relieve a party from a final judgment for reasons such as mistake, inadvertence, surprise, or excusable neglect. Idaho differs from many states on timing. A Rule 60(b) motion must be made within a reasonable time, and for the core grounds under (1), (2), and (3) (mistake or excusable neglect, newly discovered evidence, and fraud) no more than six months after entry of the judgment, shorter than the one year the federal rule allows. Idaho case law also requires a meritorious defense, meaning facts that, if established, would be a defense to the claim. Under Rule 55(c) an entry of default, entered before judgment, is set aside for good cause, a more lenient standard, while a default judgment goes through Rule 60(b). If the judgment is void under Rule 60(b)(4), often because you were never properly served, there is no six-month cap and the court asks only whether you moved within a reasonable time. DocDraft drafts an Idaho 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
A default judgment is the judgment entered when a defendant does not respond in time. In Idaho you undo it with a motion to set aside under Idaho Rule of Civil Procedure 60(b), which reopens the case so it can be decided on the merits.
2
The vehicle is Rule 60(b). The court may relieve a party from a final judgment for reasons including mistake, inadvertence, surprise, or excusable neglect under Rule 60(b)(1), newly discovered evidence under (2), and fraud or misconduct by an opposing party under (3).
3
The deadline is shorter than federal. A Rule 60(b) motion must be made within a reasonable time, and for grounds (1), (2), and (3) no more than six months after entry of the judgment, not the one year used by the federal rule. Treat the six months as an outer limit and file early.
4
Idaho requires a meritorious defense. Case law layered on Rule 60(b) asks you to plead facts that, if established, would be a defense to the action. The court does not decide whether those facts are true on the set-aside motion; it looks at whether a real defense exists.
5
Rule 55(c) creates two tracks. An entry of default, recorded before judgment, is set aside for good cause, a more lenient standard. A default judgment is set aside under Rule 60(b) and its six-month cap. Which track you are on depends on whether a judgment has been entered.
6
A void judgment has no six-month cap. Under Rule 60(b)(4) a judgment that is void, often because you were never properly served, is not bound by the six-month limit; the court asks only whether you moved within a reasonable time.
7
You file in the Idaho district court where the case is pending, in the county named in the case caption. Support the motion with an affidavit stating the facts. Check your court's local rules and current filing requirements before you file.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Idaho, 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 DISTRICT COURT OF THE [JUDICIAL DISTRICT] JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [COUNTY]

[PLAINTIFF NAME], Plaintiff,

vs.

[DEFENDANT NAME], Defendant.

Case No. [CASE NUMBER]

MOTION TO SET ASIDE DEFAULT JUDGMENT AND AFFIDAVIT IN SUPPORT

[Idaho R. Civ. P. 60(b); 55(c)]

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

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.

GROUNDS

This motion is made under Idaho Rule of Civil Procedure 60(b) on the following grounds:

The default judgment was entered on [DATE] because [describe the mistake, inadvertence, surprise, or excusable neglect under Rule 60(b)(1) that caused the failure to respond].
[If applicable: The judgment is void under Rule 60(b)(4) because Defendant was never properly served with the summons and complaint, and the void-judgment ground is not limited to six months.]

TIMELINESS

This motion is made within a reasonable time. For relief under Rule 60(b)(1), (2), and (3), it is made no more than six months after entry of the judgment on [DATE OF JUDGMENT], as Rule 60(b) requires.

MERITORIOUS DEFENSE

Defendant has a meritorious defense. If the case is reopened, Defendant will show that [state facts that, if established, would be a defense to the claim, for example the debt was paid, the amount is wrong, or Defendant is not the correct party]. Under Idaho law the truth of these facts is not decided on this motion; Defendant need only plead facts that, if established, would constitute a defense.

AFFIDAVIT IN SUPPORT

I, [DEFENDANT NAME], being first duly sworn, state that the foregoing facts are true to the best of my knowledge. [State the facts of the mistake, inadvertence, surprise, or excusable neglect, when you learned of the judgment, and the facts of your defense.]

[DEFENDANT NAME]

Subscribed and sworn to before me this [DATE].

Notary Public for the State of Idaho

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 this [DATE].

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

CERTIFICATE OF SERVICE

I certify that on [DATE] I served a true copy of the foregoing motion and affidavit on the parties listed below by [method of service], in accordance with Idaho law.

[NAME OF PERSON SERVING]

[Confirm your district court's local rules and current filing and formatting requirements before filing.]

Idaho Requirements for Motion to Set Aside a Default Judgment

File within six months for the core grounds
Under Idaho Rule of Civil Procedure 60(b) the motion must be made within a reasonable time, and for mistake, inadvertence, surprise, or excusable neglect, newly discovered evidence, or fraud, no more than six months after entry of the judgment. That is shorter than the federal one-year limit; treat six months as an outer limit and file early.
Know the void-judgment exception to the deadline
The six-month cap applies only to grounds (1), (2), and (3). If the judgment is void under Rule 60(b)(4), often because you were never properly served, the cap does not apply and the court asks only whether you moved within a reasonable time.
State the Rule 60(b) ground
Identify which Rule 60(b) ground applies and explain the facts. The core ground for a missed response is mistake, inadvertence, surprise, or excusable neglect under Rule 60(b)(1). Other grounds include newly discovered evidence, fraud, a void judgment, and any other reason that justifies relief.
Show a meritorious defense
Idaho case law layered on Rule 60(b) requires you to show a meritorious defense by pleading facts that, if established, would be a defense to the action. The court does not decide whether those facts are true on the motion; it looks at whether a genuine defense exists.
Understand the entry-of-default track
Under Rule 55(c) an entry of default recorded before judgment is set aside for good cause, a more lenient standard than the Rule 60(b) test for a default judgment. Whether you use the good-cause track or Rule 60(b) depends on whether a default judgment has already been entered.
Prepare a supporting affidavit
Support the motion with an affidavit stating the facts of the mistake or excusable neglect, when you learned of the judgment, and the facts of your meritorious defense. In practice the meritorious-defense showing is often made through an affidavit or a proposed answer.
Use the Idaho district court caption
Caption the motion for the Idaho district court of the judicial district and county where the case is pending, matching the case number and party names exactly as they appear in the court record. Confirm your court's local formatting requirements before filing.
File in the district court and complete service
File in the Idaho district court for the county where the case is pending, serve the motion and affidavit on the plaintiff, and complete a certificate of service. Filing methods and local requirements vary by county, so check your court's local rules.

Introduction

Key Things to Know

Key decisions before you file

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

Idaho Requirements for Motion to Set Aside a Default Judgment

File within six months for the core grounds

Know the void-judgment exception to the deadline

State the Rule 60(b) ground

Show a meritorious defense

Understand the entry-of-default track

Prepare a supporting affidavit

Use the Idaho district court caption

File in the district court and complete service

Frequently Asked Questions