Massachusetts Motion to Set Aside a Default Judgment

Introduction

Key Things to Know

1. 1

   A default judgment is the judgment entered when a defendant does not respond in time. In Massachusetts you undo it with a motion to set aside, which reopens the case so it can be decided on the merits rather than lost by default.

2. 2

   Massachusetts uses two tracks. A bare entry of default, before any judgment, is set aside under Mass. R. Civ. P. 55(c) for 'good cause shown' with no fixed deadline. Once a default judgment has entered, Rule 55(c) routes you to Mass. R. Civ. P. 60(b).

3. 3

   Under Rule 60(b) the grounds include mistake, inadvertence, surprise, or excusable neglect, newly discovered evidence, fraud or misconduct by the other party, that the judgment is void, or any other reason justifying relief.

4. 4

   The deadline has two parts. The motion must be made within a reasonable time, and for excusable neglect (and for newly discovered evidence or fraud) not more than one year after the judgment was entered. The one year is an absolute outer bound that cannot be extended.

5. 5

   Massachusetts does not decide these motions on a bare excusable-neglect clause. Under Berube v. McKesson Wine & Spirits Co., the judge weighs six factors: how promptly you acted, whether you show a meritorious defense, whether the neglect came before trial, whether it was a consciously chosen course of conduct, prejudice to the other side, and whether the error is chargeable to counsel rather than the party.

6. 6

   You show the meritorious defense (Berube factor two) by affidavit or otherwise apparent on the record, not by a conclusory say-so. In practice the motion is supported by an affidavit setting out the facts and the nature of your defense.

7. 7

   If the judgment is void because the court lacked jurisdiction or service was defective, Rule 60(b)(4) relief carries no fixed one-year cap, only the reasonable-time standard, and the Reporter's Notes say any doubt should be resolved in favor of setting aside defaults so cases are decided on the merits.

Massachusetts Requirements for Motion to Set Aside a Default Judgment

• File within a reasonable time, and within one year for excusable neglect

  A Rule 60(b) motion must be made within a reasonable time. For excusable neglect, newly discovered evidence, or fraud, it also may not be filed more than one year after the judgment was entered. The one year is an absolute outer bound that cannot be extended.

• Identify which track applies

  A bare entry of default, before any judgment, is set aside under Mass. R. Civ. P. 55(c) for 'good cause shown' with no fixed deadline. Once a default judgment has entered, Rule 55(c) routes you to Mass. R. Civ. P. 60(b), which controls timing and grounds.

• State the Rule 60(b) ground

  Identify which Rule 60(b) ground applies and explain the facts, for example mistake, inadvertence, surprise, or excusable neglect, or that the judgment is void. The ground you rely on affects both the deadline and the standard the court applies.

• Address the Berube factors

  Under Berube v. McKesson Wine & Spirits Co., the judge weighs whether you acted promptly, whether you show a meritorious defense, whether the neglect came before trial, whether it was a consciously chosen course of conduct, prejudice to the other side, and whether the error is chargeable to counsel rather than to you.

• Check whether the judgment is void

  A judgment is void only if the court lacked jurisdiction over the subject matter or the parties, or acted inconsistently with due process, such as defective service. Under Rule 60(b)(4) a void judgment can be set aside with no fixed one-year cap, and it is decided as of right, not by the discretionary Berube balancing.

• Show a meritorious defense by affidavit

  Berube factor two requires a showing that the claim or defense you seek to revive has merit, by affidavit or otherwise apparent on the record. Support the motion with an affidavit setting out the facts and the nature of your defense, not a conclusory statement. No Massachusetts rule requires a separately attached proposed answer.

• Use the Massachusetts caption and available Trial Court forms

  Caption the motion for the Trial Court department where the case is pending, using the county and docket number from the record. The Trial Court publishes motion and affidavit forms usable for this purpose; there is no single mandatory statewide set-aside form for every department.

• File in the right Trial Court department and certify service

  File in the Massachusetts Trial Court department where the case is pending, such as District Court, Boston Municipal Court, Housing Court, or Superior Court, serve the motion and affidavit on the plaintiff, and file a certificate of service. Confirm your court department's local requirements.