Indiana Motion to Set Aside a Default Judgment
Set aside an Indiana default judgment under Trial Rule 55(C) and 60(B). File within a reasonable time, and no more than one year for mistake, surprise, 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 the case can be reopened and decided on the merits. In Indiana, Trial Rule 55(C) does not create its own test. It routes any set-aside of a default judgment through Trial Rule 60(B), which lets the court relieve a party from a judgment, including a judgment by default, for reasons such as mistake, surprise, or excusable neglect. Indiana packs two deadline tracks into one rule. For mistake, surprise, or excusable neglect and the other reasons (1) through (4), you must file within a reasonable time and not more than one year after the judgment was entered. For a void judgment and the other reasons in the (5) through (8) group, you file within a reasonable time only, with no fixed one-year cap. Indiana also does something many states leave to case law: the rule text itself requires a movant proceeding under reasons (1), (2), (3), (4), or (8) to allege a meritorious claim or defense in the motion. A void judgment, meaning one the court had no power to enter, most often arises when you were never properly served. DocDraft drafts an Indiana 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 Indiana you undo it with a motion to set aside, which reopens the case so it can be decided on the merits rather than by your missed deadline.
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Indiana Trial Rule 55(C) does not set its own standard. It routes a set-aside of a default judgment to Trial Rule 60(B), so the grounds and procedure for undoing the judgment come from Rule 60(B).
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The main grounds under Trial Rule 60(B)(1) are mistake, surprise, or excusable neglect. The court may relieve a party from a judgment, including a judgment by default, on these grounds.
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Indiana runs two deadline tracks in one rule. For mistake, surprise, or excusable neglect and reasons (1) through (4), you must file within a reasonable time and not more than one year after the judgment was entered.
- 5
For a void judgment and the reasons in the (5) through (8) group, you file within a reasonable time only. There is no one-year outer cap on those grounds.
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The rule text requires a meritorious defense. A movant filing under reasons (1), (2), (3), (4), or (8) must allege a meritorious claim or defense in the motion itself, which is a rule-mandated element, not just case-law gloss.
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You file the motion in the trial court where the case is pending, the court named in the case caption. Confirm your court's local filing and service requirements before you file.
Key decisions before you file
Before you file a Motion to Set Aside a Default Judgment in Indiana, 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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Indiana Requirements for Motion to Set Aside a Default Judgment
File within a reasonable time and no more than one year for excusable-neglect grounds
Under Trial Rule 60(B), a motion based on mistake, surprise, or excusable neglect and reasons (1) through (4) must be filed within a reasonable time and not more than one year after the judgment was entered. Do not wait to the outer limit; file as soon as you can.
Use the reasonable-time track for a void judgment
For a void judgment and the reasons in the (5) through (8) group, Trial Rule 60(B) requires filing within a reasonable time only, with no one-year cap. The deadline runs from when the judgment was entered.
Cite Trial Rule 55(C) and Trial Rule 60(B)
Trial Rule 55(C) routes a set-aside of a default judgment to Trial Rule 60(B) and does not create its own standard. Your motion should cite both, taking the grounds and procedure from Rule 60(B).
State the ground: mistake, surprise, or excusable neglect
Identify which Trial Rule 60(B) ground applies and explain the facts. Under Rule 60(B)(1) the court may relieve a party from a judgment, including a judgment by default, for mistake, surprise, or excusable neglect.
Allege a meritorious claim or defense
Trial Rule 60(B) requires a movant filing under reasons (1), (2), (3), (4), or (8) to allege a meritorious claim or defense in the motion. This is a rule-mandated element, so state the defense you would raise if the case is reopened.
Check whether the judgment is void
If you were never properly served, the court may have lacked power to enter the judgment, which can make it void under Trial Rule 60(B)(6). That ground falls in the reasonable-time track and is not subject to the one-year limit.
Verify the motion and support it with your facts
Set out the facts of the mistake, surprise, or excusable neglect and when you learned of the judgment. Affirm the representations under the penalties for perjury, and use the case caption exactly as it appears in the court record.
File in the trial court and complete a certificate of service
File in the Indiana trial court where the case is pending, the court named in the case caption, serve the motion on the other parties, and file a certificate of service. Confirm your court's local filing and service requirements before you file.