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Montana Motion to Set Aside a Default Judgment

Set aside a Montana default judgment under M. R. Civ. P. 60(b). File within a reasonable time, and no more than a year for mistake or excusable neglect. Watch the 60-day deemed-denied clock.

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. A default judgment is the judgment a court enters when a defendant fails to answer. In Montana the entry of default itself is set aside for good cause under Rule 55(c) of the Montana Rules of Civil Procedure, but once a default judgment has been entered you seek relief under Rule 60(b). The most common ground is Rule 60(b)(1): mistake, inadvertence, surprise, or excusable neglect. Under Rule 60(c)(1) the motion must be filed within a reasonable time, and for reasons (1), (2), and (3) no more than a year after the entry of the judgment. If the judgment is void, most often because you were never properly served, Rule 60(b)(4) applies and is bounded only by a reasonable time. Montana adds a timing trap most states do not have: under Rule 60(c)(1) and Rule 59(f), if the court does not rule on your motion within 60 days of filing, it is automatically deemed denied. That clock runs against you, so file early and press for a ruling. DocDraft prepares a Montana 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. 1

    A default judgment is the judgment entered when a defendant does not respond in time. In Montana you undo it with a motion under Rule 60(b) of the Montana Rules of Civil Procedure, which reopens the case so it can be decided on the merits.

  2. 2

    There are two stages. An entry of default (before judgment) is set aside for good cause under M. R. Civ. P. 55(c). Once a default judgment has been entered, you move for relief under M. R. Civ. P. 60(b).

  3. 3

    The main ground is M. R. Civ. P. 60(b)(1): mistake, inadvertence, surprise, or excusable neglect. Rule 60(b) also allows relief for newly discovered evidence, fraud by an opposing party, a void judgment, a satisfied or reversed judgment, and any other reason that justifies relief.

  4. 4

    The deadline under M. R. Civ. P. 60(c)(1) is a reasonable time, and for reasons (1), (2), and (3) no more than a year after the entry of the judgment. The one year is an outer limit, not a grace period, so file as soon as you can.

  5. 5

    Montana has a distinctive deemed-denied clock. Under Rule 60(c)(1) and Rule 59(f), if the court does not rule on your motion within 60 days of filing (120 days only with an order entered inside the original 60), the motion is automatically deemed denied by operation of rule.

  6. 6

    If you were never properly served, the judgment may be void. M. R. Civ. P. 60(b)(4) lets the court set aside a void judgment, and it is bounded only by a reasonable time, not by the one-year limit that applies to excusable-neglect motions.

  7. 7

    You file the motion in the Montana district court where the case is pending, with a supporting affidavit stating the facts. Whether a proposed answer or a showing of a meritorious defense must accompany the motion is developed in Montana case law, so confirm your court's requirements before you file.

Key decisions before you file

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

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MONTANA [JUDICIAL DISTRICT] DISTRICT COURT [COUNTY] COUNTY

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

Cause No.: [CASE NUMBER]

MOTION TO SET ASIDE DEFAULT JUDGMENT AND SUPPORTING AFFIDAVIT

[M. R. Civ. P. 60(b)]

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

Defendant [DEFENDANT NAME] moves this Court under Rule 60(b) of the Montana Rules of Civil Procedure for an order setting aside the default judgment entered on [DATE OF JUDGMENT] and reopening this action so it can be decided on the merits.

GROUNDS

  1. The default judgment was entered on [DATE] because [describe the mistake, inadvertence, surprise, or excusable neglect that caused the failure to respond]. Relief is sought under M. R. Civ. P. 60(b)(1).

  2. [If applicable: The judgment is void because Defendant was never properly served with the summons and complaint, and the Court may set it aside under M. R. Civ. P. 60(b)(4), which is not limited to one year.]

TIMELINESS

  1. This motion is made within a reasonable time, and no more than a year after the entry of the judgment, as required by M. R. Civ. P. 60(c)(1). Defendant respectfully requests that the Court rule on this motion within the 60 days provided by Rule 60(c)(1) and Rule 59(f), so that it is not deemed denied by operation of rule.

MERITORIOUS DEFENSE

  1. If the case is reopened, Defendant will raise the following defense: [state the defense, for example the debt was paid, the amount is wrong, or Defendant is not the correct party]. A copy of the Answer that Defendant proposes to file is submitted with this motion.

AFFIDAVIT IN SUPPORT

I, [DECLARANT NAME], being first 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, and the date you learned of the judgment.]

[DECLARANT NAME]

Subscribed and sworn to before me this [DAY] day of [MONTH], [YEAR].

Notary Public for the State of Montana

PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE], permit Defendant to file the attached Answer, 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 true and correct copy of the foregoing motion, affidavit, and proposed Answer on the parties listed below by [method of service], in accordance with the Montana Rules of Civil Procedure.

[NAME OF PERSON SERVING]

[Confirm your district court's local rules for formatting, filing method, and any hearing or briefing requirements.]

Montana Requirements for Motion to Set Aside a Default Judgment

File within a reasonable time, no more than a year for excusable neglect

Under M. R. Civ. P. 60(c)(1) the motion must be filed within a reasonable time, and for the mistake, inadvertence, surprise, or excusable neglect grounds no more than a year after the entry of the judgment. The one year is an outer limit measured from entry; file as soon as you can.

Watch the 60-day deemed-denied clock

Under Rule 60(c)(1) and Rule 59(f), the court must rule on your motion within 60 days of filing (120 days only by an order entered inside that original 60). If it does not, the motion is automatically deemed denied. File early and ask the court for a prompt ruling.

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

Identify which M. R. Civ. P. 60(b) ground applies and explain the facts. The most common is Rule 60(b)(1): mistake, inadvertence, surprise, or excusable neglect that caused the failure to respond in time.

Check whether the judgment is void for lack of service

If you were never properly served, the judgment may be void. M. R. Civ. P. 60(b)(4) lets the court set aside a void judgment and, unlike the excusable-neglect grounds, is bounded only by a reasonable time rather than the one-year cap.

Address a meritorious defense

The text of Rule 55(c) and Rule 60(b) does not on its face require a stated meritorious defense, but Montana case law interpreting these rules develops this area. Describe the defense you would raise if the case is reopened, and confirm your court's requirements.

Prepare a supporting affidavit

Support the motion with a sworn affidavit stating the facts of the mistake, inadvertence, surprise, or excusable neglect and when you learned of the judgment. Have it notarized and use the case caption exactly as it appears in the court record.

Consider attaching a proposed answer

The rule text does not on its face require a proposed answer, but attaching the answer or other pleading you propose to file can show the court the defense you would raise if the case is reopened. Confirm whether your district court expects one.

File in the district court and complete a certificate of service

File in the Montana district court for the county where the case is pending, serve the motion and any proposed answer on the plaintiff, and file a certificate of service. Check your court's local rules for the filing method and any hearing requirements.

Frequently Asked Questions

It is a request asking a Montana 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 main basis is Rule 60(b) of the Montana Rules of Civil Procedure, most often the Rule 60(b)(1) ground of mistake, inadvertence, surprise, or excusable neglect.

An entry of default is the earlier record that you did not respond on time, and Montana sets it aside for good cause under Rule 55(c). A default judgment is the later judgment that actually decides the case against you. Once the judgment is entered, you must move under Rule 60(b), file within a reasonable time (no more than a year for excusable neglect), and meet its grounds, unless the judgment is void.

Under M. R. Civ. P. 60(c)(1) you must file within a reasonable time, and for the mistake, inadvertence, surprise, or excusable neglect grounds no more than a year after the entry of the judgment. The one year is an outer limit measured from entry. If the judgment is void under Rule 60(b)(4), that ground is bounded only by a reasonable time, not the one-year cap.

Under Rule 60(c)(1) and Rule 59(f), a Montana court must rule on a set-aside motion within 60 days of the filing date, extendable to 120 days only by an order entered inside that original 60. If the court does not rule in time, the motion is automatically deemed denied by operation of rule. This clock runs against you, so file early and ask the court for a prompt ruling.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. Rule 60(b)(4) of the Montana Rules of Civil Procedure lets the court set aside a void judgment. Unlike the excusable-neglect grounds, a void-judgment motion is not capped at one year and is subject only to the reasonable-time standard.

The text of Rule 55(c) and Rule 60(b) does not on its face require a proposed answer or a stated meritorious defense. Any such requirement in Montana is developed through case law interpreting these rules rather than the rule text itself. Because practice can vary, confirm your court's requirements and consider attaching a proposed answer and describing your defense to strengthen the motion.

You file it in the Montana district court for the county where the action is pending, with the clerk of that court, using the case caption exactly as it appears in the record. Support the motion with an affidavit stating the facts of the mistake or excusable neglect and when you learned of the judgment. Check your court's local rules for the filing method and any hearing requirements.