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

It is a request asking the Maine 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. Once a default judgment has entered, Rule 55(c) of the Maine Rules of Civil Procedure directs that relief be sought under Rule 60(b), and you must show grounds such as excusable neglect plus a meritorious defense.

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

An entry of default is the clerk's record that you did not respond on time; a 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 shown,' a more lenient standard. Once a default judgment has entered, Rule 55(c) channels relief into Rule 60(b), where you generally must show excusable neglect within one year plus a meritorious defense.

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

Under Rule 60(b) every motion must be made within a reasonable time, and for the excusable-neglect ground (Rule 60(b)(1)) it can be made no more than one year after the judgment was entered. The one year runs from entry of the judgment and is an outer limit, not a grace period. A motion based on a void judgment under Rule 60(b)(4) is not capped at one year.

What do I have to prove to set aside a default judgment in Maine?

Maine requires a two-part showing. You must prove both a good or reasonable excuse for the default and a meritorious defense to the underlying action. The Law Court treats these as two distinct components that must both be satisfied, and the burden is on you as the moving party. It is not enough to explain why you missed the deadline; you also have to show a real defense you would raise if the case reopened.

Can I set aside a Maine 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. Under Rule 60(b)(4) the court may set aside a void judgment. Unlike the excusable-neglect ground, a void-judgment motion is not capped at one year; the closing paragraph of Rule 60(b) limits the one-year cap to grounds (1), (2), and (3), so a Rule 60(b)(4) motion need only be brought within a reasonable time.

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

Neither Rule 55(c) nor Rule 60(b) by its terms requires you to attach a proposed answer to the motion. In practice, however, a defendant showing a meritorious defense usually demonstrates it by proffering the defense, often through a supporting affidavit and sometimes a tendered late answer. Whether your specific court expects an attached proposed answer can vary, so confirm your court's local practice.

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

You file it in the Maine trial court where the action is pending, typically the Superior Court or the District Court, using the court named in the case caption. The motion is a general Rule 7 motion supported by an affidavit stating the facts of your excuse and your defense, rather than a fill-in form. Check your court's local rules for the filing method and any formatting requirements.

Maine Motion to Set Aside a Default Judgment

Set aside a Maine default judgment under Rule 55(c) and Rule 60(b). File within a reasonable time and no more than one year for excusable neglect, and 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 you can reopen the case and defend it on the merits. Maine routes this relief through two doors based on timing. Before a default judgment is entered, Rule 55(c) of the Maine Rules of Civil Procedure lets the court set aside a mere entry of default (the clerk's record that you failed to answer) 'for good cause shown,' a lenient standard. Once a default judgment has entered, Rule 55(c) channels relief into Rule 60(b), and the usual ground is Rule 60(b)(1): mistake, inadvertence, surprise, or excusable neglect. Maine adds a signature judge-made test: you must show BOTH a good or reasonable excuse for the default AND a meritorious defense (a real defense you would raise if the case reopened), two distinct components that both have to be satisfied, with the burden on you. The Rule 60(b)(1) motion must be filed within a reasonable time and no more than one year after the judgment. A void judgment (for example, one entered when you were never properly served) is set aside under Rule 60(b)(4) and is not capped at one year. DocDraft drafts a Maine 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 Maine 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
Maine uses two doors based on timing. Before judgment, Rule 55(c) lets the court set aside an entry of default 'for good cause shown.' Once a default judgment has entered, Rule 55(c) directs that relief be sought under Rule 60(b).
3
For a default judgment, the usual ground is Rule 60(b)(1): mistake, inadvertence, surprise, or excusable neglect. Rule 60(b) also covers newly discovered evidence, fraud, a void judgment, a satisfied judgment, and any other reason justifying relief.
4
The deadline is layered. Every Rule 60(b) motion must be made within a reasonable time, and for the excusable-neglect ground it can be made no more than one year after the judgment was entered. The one year is an outer limit, so act promptly.
5
Maine requires a two-part showing. You must prove both a good or reasonable excuse for the default and a meritorious defense to the underlying action. These are two distinct components, both required, and the burden is on you as the movant.
6
If you were never properly served, the judgment may be void. Under Rule 60(b)(4) the court may set aside a void judgment, and that path is not limited to one year; it need only be brought within a reasonable time.
7
You file the motion in the Maine trial court where the case is pending, typically the Maine Superior Court or District Court, as a Rule 7 motion with a supporting affidavit. Confirm your court's local filing requirements.

Key decisions before you file

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

STATE OF MAINE [COUNTY], ss.

[TRIAL COURT: SUPERIOR COURT / DISTRICT COURT] Docket No.: [DOCKET NUMBER]

[PLAINTIFF NAME], Plaintiff,

v.

[DEFENDANT NAME], Defendant.

MOTION TO SET ASIDE DEFAULT JUDGMENT; INCORPORATED AFFIDAVIT

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

NOW COMES Defendant [DEFENDANT NAME] and, pursuant to Rule 55(c) and Rule 60(b) of the Maine Rules of Civil Procedure, respectfully moves this Court to set aside the default judgment entered on [DATE OF JUDGMENT], and in support states as follows:

GROUNDS. The default judgment was entered because Defendant failed to respond within the time required. That failure was the result of [describe the mistake, inadvertence, surprise, or excusable neglect]. Relief is therefore appropriate under Rule 60(b)(1).
[If applicable: VOID JUDGMENT. The judgment is void under Rule 60(b)(4) because Defendant was never properly served and the Court lacked jurisdiction. A motion under Rule 60(b)(4) is not subject to the one-year limitation.]
REASONABLE EXCUSE. Defendant has a good and reasonable excuse for the default, as set out in paragraph 1 and the affidavit below. This is the first of the two components Maine requires.
MERITORIOUS DEFENSE. Defendant has a meritorious defense to the underlying action: [state the defense, for example the debt was paid, the amount claimed is wrong, or Defendant is not the correct party]. This is the second component Maine requires, and it is distinct from the excuse for the default.
TIMELINESS. This motion is made within a reasonable time and, as to the Rule 60(b)(1) ground, no more than one year after the judgment was entered, as Rule 60(b) requires.

AFFIDAVIT OF [AFFIANT NAME]

I, [AFFIANT NAME], being duly sworn, depose and state that the facts set forth above are true based on my personal knowledge, including the reason for the default and the date I learned of the judgment. I make this affidavit in support of the foregoing motion.

[AFFIANT NAME]

Subscribed and sworn to before me this ___ day of _______, 20.

Notary Public / Attorney at Law

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE], allow Defendant to defend the action 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 and affidavit on the Plaintiff or Plaintiff's attorney of record by [method of service], in accordance with the Maine Rules of Civil Procedure.

[NAME OF PERSON SERVING]

[This is a general Rule 7 motion. Confirm your court's local rules for formatting, affidavit, and filing requirements.]

Maine Requirements for Motion to Set Aside a Default Judgment

File within a reasonable time and no more than one year
Under Rule 60(b) every motion must be made within a reasonable time, and for the Rule 60(b)(1) excusable-neglect ground it can be made no more than one year after the judgment was entered. The one year is an outer limit that runs from entry, so file as soon as you can.
Note the two-door timing split
Before a default judgment enters, Rule 55(c) lets the court set aside an entry of default 'for good cause shown.' Once a default judgment has entered, Rule 55(c) directs relief through Rule 60(b), which carries the reasonable-time and one-year 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. Rule 60(b) also covers newly discovered evidence, fraud, a void judgment, a satisfied judgment, and any other reason justifying relief.
Show a good or reasonable excuse for the default
Maine's two-prong test requires a good or reasonable excuse for the default. This is the first distinct component the movant must satisfy, and the burden of showing it is on you.
Show a meritorious defense to the underlying action
The second required component is a meritorious defense: a real defense you would raise if the case reopened. Maine treats the excuse and the meritorious defense as two distinct requirements, both of which must be shown.
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 that path is not capped at one year because the one-year limit applies only to grounds (1), (2), and (3).
Prepare a supporting affidavit
Support the motion with an affidavit stating the facts of your excuse for the default, your meritorious defense, and when you learned of the judgment. The motion is brought as a general Rule 7 motion rather than a fill-in court form.
File in the Maine trial court and complete a certificate of service
File in the Maine Superior Court or District Court where the case is pending, using the court named in the caption, serve the motion on the plaintiff or plaintiff's attorney, and file a certificate of service. Confirm your court's local filing requirements.

Introduction

Key Things to Know

Key decisions before you file

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

Maine Requirements for Motion to Set Aside a Default Judgment

File within a reasonable time and no more than one year

Note the two-door timing split

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

Show a good or reasonable excuse for the default

Show a meritorious defense to the underlying action

Check whether the judgment is void

Prepare a supporting affidavit

File in the Maine trial court and complete a certificate of service

Frequently Asked Questions