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

It is a request asking a Minnesota 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 basis is Minn. R. Civ. P. 60.02, which lets the court grant relief for mistake, inadvertence, surprise, or excusable neglect.

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

An entry of default reflects that you did not respond on time; a default judgment is the later judgment that actually decides the case against you. Setting aside a default before judgment is generally easier. Once a default judgment is entered, you move under Minn. R. Civ. P. 60.02, file within a reasonable time (within one year for excusable neglect), and meet the four-factor Finden test, unless the judgment is void.

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

Under Minn. R. Civ. P. 60.02 the motion must be made within a reasonable time, and for mistake, inadvertence, surprise, or excusable neglect not more than one year after the judgment was entered. The one year is an outer limit measured from entry of judgment. If the judgment is void because you were never properly served, the one-year cap does not apply, but you must still move within a reasonable time.

What is the standard to set aside a default judgment in Minnesota?

Minnesota courts apply the four-factor test from Finden v. Klaas and Hinz v. Northland Milk. You must show a reasonable defense on the merits, a reasonable excuse for the failure or neglect to answer, due diligence after notice that judgment was entered, and that no substantial prejudice will result to the other party. All four factors are weighed together in deciding whether to vacate.

Can I set aside a Minnesota 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 Minn. R. Civ. P. 60.02(d) a void judgment is not subject to the one-year cap that applies to excusable-neglect motions, so you can raise it later. You must still bring the motion within a reasonable time under the general Rule 60.02 requirement.

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

Yes. The first factor of the Finden test requires a reasonable defense on the merits, meaning a genuine defense you would raise if the case reopened. Rule 60.02 does not by its own text require you to attach a proposed answer, but you should set out your defense in the supporting affidavit so the court can weigh it. Confirm your court's local practice on what to file with the motion.

Minnesota Motion to Set Aside a Default Judgment

Q: Where do I file a motion to set aside a default judgment in Minnesota?

You file it in the Minnesota District Court for the county where the action is pending, using the case caption from the court record. Minnesota does not publish a single mandatory statewide district-court form for a Rule 60.02 set-aside motion, so check your court's local rules for the filing method, any hearing requirement, and formatting. Attorney review is available if you want a professional to check the motion before you file.

Set aside a Minnesota default judgment under Rule 60.02. File within a reasonable time, and within one year for excusable neglect, and meet the four-factor Finden test.

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 Minnesota the path runs through Minn. R. Civ. P. 60.02, which lets the court relieve you from a final judgment for mistake, inadvertence, surprise, or excusable neglect. The motion must be made within a reasonable time, and for the mistake and excusable-neglect grounds not more than one year after the judgment was entered. To actually vacate a default judgment, Minnesota courts apply a named four-factor test from Finden v. Klaas and Hinz v. Northland Milk. You must show a reasonable defense on the merits (a real defense you would raise if the case reopened), a reasonable excuse for the failure to answer, due diligence after you learned the judgment was entered, and that no substantial prejudice will result to the other party. A separate path exists when the judgment is void, most often because you were never properly served. Under Rule 60.02(d) a void judgment falls outside the one-year cap, though you must still move within a reasonable time. Missing the one-year window can leave an excusable-neglect motion barred, so act quickly. DocDraft drafts a Minnesota 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 Minnesota you undo it with a motion to set aside under Minn. R. Civ. P. 60.02, which reopens the case so it can be decided on the merits.
2
The vehicle is Minn. R. Civ. P. 60.02, not Rule 55. Rule 60.02(a) lets the court relieve you from a final judgment for mistake, inadvertence, surprise, or excusable neglect.
3
The deadline has two layers. The motion must be made within a reasonable time, and for the mistake and excusable-neglect grounds not more than one year after the judgment was entered. The one year is a hard outer limit, so file as soon as you can.
4
Minnesota courts apply the four-factor Finden test to vacate a default judgment. You must show a reasonable defense on the merits, a reasonable excuse for the failure to answer, due diligence after notice of the judgment, and no substantial prejudice to the other party.
5
The reasonable-defense factor is your merits showing. The court wants to see the real defense you would raise if the case reopened, so set out the facts and the defense clearly in your supporting affidavit.
6
If you were never properly served, the judgment may be void. Under Rule 60.02(d) a void judgment falls outside the one-year cap and can be challenged within a reasonable time, though the reasonable-time requirement still applies.
7
You file the motion in the Minnesota District Court for the county where the case is pending. There is no single mandatory statewide district-court form for a Rule 60.02 motion, so confirm your court's local filing and formatting requirements.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Minnesota, 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 MINNESOTA DISTRICT COURT COUNTY OF [COUNTY] [JUDICIAL DISTRICT] JUDICIAL DISTRICT

[PLAINTIFF NAME], Plaintiff,

vs.

[DEFENDANT NAME], Defendant.

Court File No.: [CASE NUMBER]

NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT JUDGMENT; SUPPORTING AFFIDAVIT

[Minn. R. Civ. P. 60.02]

TO THE PLAINTIFF AND TO THE COURT ADMINISTRATOR:

PLEASE TAKE NOTICE that Defendant [DEFENDANT NAME] will move this Court, at a hearing to be scheduled by the Court, for an order setting aside the default judgment entered against Defendant on [DATE OF JUDGMENT] and reopening this case so it may be decided on the merits.

MOTION

Defendant moves under Minn. R. Civ. P. 60.02 on the following grounds:

The default judgment was entered on [DATE] because [describe the mistake, inadvertence, surprise, or excusable neglect that caused the failure to answer].
This motion is made within a reasonable time, and not more than one year after the judgment was entered, as Rule 60.02 requires for relief based on mistake, inadvertence, surprise, or excusable neglect.
Under the four-factor test of Finden v. Klaas and Hinz v. Northland Milk, Defendant shows: (a) a reasonable defense on the merits, namely [state the defense, for example the debt was paid, the amount is wrong, or Defendant is not the correct party]; (b) a reasonable excuse for the failure to answer, namely [state the excuse]; (c) due diligence after notice of entry of judgment, having acted on [DATE]; and (d) that no substantial prejudice will result to the Plaintiff.
[If applicable: The judgment is void under Minn. R. Civ. P. 60.02(d) because Defendant was never properly served. A void judgment is not subject to the one-year limit and may be set aside within a reasonable time.]

AFFIDAVIT IN SUPPORT

I, [DECLARANT NAME], being duly sworn, state that the foregoing facts are true and correct to the best of my knowledge. [State the facts of the mistake, inadvertence, surprise, or excusable neglect, the date you learned of the judgment, and the defense you would raise if the case is reopened.]

Subscribed and sworn to before me on [DATE].

Notary Public

[DECLARANT NAME]

RELIEF REQUESTED

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE], reopen this case for decision 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 / Self-Represented Defendant

CERTIFICATE OF SERVICE

I certify that on [DATE] I served the foregoing Notice of Motion and Motion and supporting Affidavit on the Plaintiff or Plaintiff's attorney by [method of service], in accordance with the Minnesota Rules of Civil Procedure.

[NAME OF PERSON SERVING]

[Minnesota does not publish a single mandatory statewide district-court form for a Rule 60.02 set-aside motion. Confirm your court's local rules for the filing method, any hearing requirement, and formatting.]

Minnesota Requirements for Motion to Set Aside a Default Judgment

File within a reasonable time, and within one year for excusable neglect
Under Minn. R. Civ. P. 60.02 the motion must be made within a reasonable time, and for mistake, inadvertence, surprise, or excusable neglect not more than one year after the judgment was entered. The one year is a hard outer limit measured from entry, so file as soon as you can.
Know the void-judgment exception to the one-year cap
If the judgment is void under Rule 60.02(d), most often for improper service or lack of jurisdiction, the one-year cap does not apply. You must still bring the motion within a reasonable time under the general Rule 60.02 requirement.
State the ground: mistake, inadvertence, surprise, or excusable neglect
Identify which Rule 60.02(a) ground applies and explain the facts that caused the failure to answer. This is the reasonable-excuse element the court weighs when deciding whether to vacate.
Meet the four-factor Finden test
Minnesota courts vacate a default judgment when the movant shows a reasonable defense on the merits, a reasonable excuse for the failure to answer, due diligence after notice of entry of judgment, and no substantial prejudice to the other party. Address all four factors in the motion.
Show a reasonable defense on the merits
The first Finden factor requires a genuine defense you would raise if the case reopened. Set out that defense with facts in your supporting affidavit so the court can weigh whether reopening the case serves justice.
Prepare a supporting affidavit
Support the motion with a sworn affidavit stating the facts of the mistake or excusable neglect, when you learned of the judgment, the diligence you exercised afterward, and the defense you would raise. The affidavit carries the four-factor showing.
Use the Minnesota District Court caption and confirm local format
Caption the motion for the Minnesota District Court, the county, and the judicial district, using the court file number from the record. Minnesota does not publish a single mandatory statewide district-court set-aside form, so confirm your court's local formatting and hearing requirements.
File in the District Court and complete a certificate of service
File in the Minnesota District Court for the county where the case is pending, serve the motion and affidavit on the plaintiff or plaintiff's attorney, and complete a certificate of service. Check your court's local rules for the filing method and any hearing procedure.

Introduction

Key Things to Know

Key decisions before you file

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

Minnesota Requirements for Motion to Set Aside a Default Judgment

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

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

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

Meet the four-factor Finden test

Show a reasonable defense on the merits

Prepare a supporting affidavit

Use the Minnesota District Court caption and confirm local format

File in the District Court and complete a certificate of service

Frequently Asked Questions