Nebraska Motion to Set Aside a Default Judgment
Set aside a Nebraska default judgment. During the court term the judge may vacate it as a matter of discretion; after the term, seven statutory grounds apply within six months.
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 does not answer or appear. Nebraska handles this by statute rather than by a federal-style Rule 60 motion, and the path depends on timing. During the term of court at which the judgment was entered, the district court may vacate a default judgment as a matter of its inherent discretion, with no fixed day-count. After that term ends, Neb. Rev. Stat. 25-2001 narrows your options: the court may vacate only on one of seven enumerated grounds (such as a mistake or irregularity by the clerk, fraud by the party who won, newly discovered evidence, or unavoidable casualty or misfortune that prevented you from defending), and only on a motion filed within six months after entry of the judgment. Neb. Rev. Stat. 25-2002 requires that after-term challenge to be brought by a verified complaint that sets forth the judgment, the grounds, and your defense to the action, with a summons issued and served as in a new case. A separate equity power under 25-2001(2) is not capped by that six-month window. A judgment is void when the court lacked authority to enter it, most often because you were never properly served. DocDraft drafts a Nebraska 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 Nebraska you undo it by asking the district court to vacate the judgment, which reopens the case so it can be decided on the merits.
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Nebraska is a statutory set-aside state, not a Rule 60 state. The governing statutes are Neb. Rev. Stat. 25-2001 (grounds and power to vacate) and 25-2002 (the procedure for bringing the challenge).
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Timing controls which path applies. During the term of court at which the judgment was entered, the court may vacate a default judgment as a matter of its inherent discretion, with no fixed day-count.
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After the term ends, the court may vacate only on the seven grounds listed in 25-2001(4): clerk mistake or irregularity, fraud by the winning party, newly discovered evidence, erroneous proceedings against an infant or person of unsound mind, death of a party before judgment, unavoidable casualty or misfortune, and defective-notice warrant-of-attorney judgments.
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For an after-term challenge, the motion must be filed within six months after entry of the judgment or order. The six months runs from entry and is an outer limit, so act as soon as you can.
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Under 25-2002 the after-term challenge is brought by a verified complaint that sets forth the judgment, the grounds to vacate it, and, if you were the defendant, your defense to the action. A summons is issued and served as in commencing a new action. Setting out your defense is the meritorious-defense showing.
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A judgment can be void when the court lacked authority to enter it, most often for defective service. Section 25-2001(2) preserves a separate equity power to set aside a judgment that is not capped by the six-month after-term window. You file in the district court where the judgment was entered.
Key decisions before you file
Before you file a Motion to Set Aside a Default Judgment in Nebraska, 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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Nebraska Requirements for Motion to Set Aside a Default Judgment
Identify the term-of-court timing first
Timing controls your path. During the term of court at which the judgment was entered, the district court may vacate a default judgment as a matter of its inherent discretion, with no fixed day-count. After the term, the statutory grounds and the six-month limit apply.
File within six months for an after-term challenge
After the term ends, Neb. Rev. Stat. 25-2001 requires a motion on the seven statutory grounds to be filed within six months after entry of the judgment or order. The six months runs from entry and is an outer limit, so act as soon as you can.
Match your facts to one of the seven statutory grounds
For an after-term challenge, relief is available only on a ground in Neb. Rev. Stat. 25-2001(4): clerk mistake or irregularity, fraud by the winning party, newly discovered evidence, erroneous proceedings against an infant or person of unsound mind, death of a party, unavoidable casualty or misfortune, or a defective-notice warrant-of-attorney judgment.
Set forth your defense to the action
Under Neb. Rev. Stat. 25-2002, if you were the defendant you must set forth your defense to the action in the challenge. Stating that defense is the meritorious-defense showing, so describe the real defense you would raise if the case is reopened.
Check whether the judgment is void for lack of service
A judgment can be void when the court lacked authority to enter it, most often for defective service. Section 25-2001(4)(g) covers judgments taken where the defendant was not summoned or legally notified, and 25-2001(2) preserves a separate equity power that is not capped by the six-month window.
Bring the after-term challenge by a verified complaint
Neb. Rev. Stat. 25-2002 requires the after-term challenge to be brought by a complaint, verified by affidavit, that sets forth the judgment, the grounds to vacate it, and your defense to the action. Prepare the verification and supporting facts to accompany the filing.
Issue and serve a summons as in a new action
For an after-term challenge under Neb. Rev. Stat. 25-2002, a summons is issued and served as in commencing a new action. Confirm your district court's summons, service, and any local requirements before you file.
File in the district court where the judgment was entered
File in the district court where the default judgment was entered, in the same case. During the term the court may vacate its own judgment on motion at its discretion; after the term, file the verified 25-2002 complaint in that court. Confirm the court's filing method before you file.