North Dakota Motion to Set Aside a Default Judgment
Set aside a North Dakota default judgment through Rule 60(b). Move within a reasonable time and no more than one year after the default judgment for excusable neglect.
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. North Dakota handles this differently from many states. When it adopted its civil rules, North Dakota expressly did not adopt the federal Rule 55(c) 'good cause' path for undoing a default, so there is no separate, easier standard for a pre-judgment default. Setting aside both an entry of default and a default judgment routes through one rule, N.D.R.Civ.P. 60(b), which lets the court relieve a party from a final judgment for reasons that include mistake, inadvertence, surprise, or excusable neglect. A motion on those grounds must be made within a reasonable time, and for a default judgment no more than one year after it was entered. North Dakota courts also generally look for a meritorious defense (the real defense you would raise if the case reopens) alongside the Rule 60(b) ground, because relief is meant to let cases be decided on their merits. A separate ground applies when the judgment is void, most often because you were never properly served. DocDraft drafts a North Dakota 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 North Dakota you undo it with a motion to set aside under N.D.R.Civ.P. 60(b), which reopens the case so it can be decided on the merits.
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North Dakota did not adopt the federal Rule 55(c) 'good cause' path for undoing a default. There is no separate, lower standard for a pre-judgment default. Both an entry of default and a default judgment are set aside through Rule 60(b).
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The main ground is N.D.R.Civ.P. 60(b)(1): relief from a final judgment for mistake, inadvertence, surprise, or excusable neglect. You explain the facts that caused you to miss the deadline to respond.
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The deadline is time-sensitive. A Rule 60(b) motion must be made within a reasonable time, and for a default judgment on grounds like excusable neglect, no more than one year after the default judgment was entered. The one year is an outer limit, not a grace period.
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North Dakota courts generally look for a meritorious defense in addition to the Rule 60(b) ground. This means showing the real defense you would raise if the case reopens, because relief is meant to let cases be decided on their merits.
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If you were never properly served, the judgment may be void. Rule 60(b)(4) lets the court set aside a void judgment. A void-judgment motion is not tied to the one-year cap, but it must still be brought within a reasonable time, so confirm the timing that applies to your case.
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You file the motion in the North Dakota district court where the case is pending, with a supporting affidavit or declaration stating the facts. Check your court's local rules for filing and hearing requirements.
Key decisions before you file
Before you file a Motion to Set Aside a Default Judgment in North Dakota, 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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North Dakota Requirements for Motion to Set Aside a Default Judgment
Move within one year of the default judgment
Under N.D.R.Civ.P. 60(b), a motion must be made within a reasonable time, and for grounds like mistake, inadvertence, surprise, or excusable neglect, no more than one year after the default judgment was entered. The one year is an outer limit; move as soon as you can.
Confirm the timing if the judgment is void
A void-judgment ground under N.D.R.Civ.P. 60(b)(4) is not tied to the one-year cap that applies to excusable-neglect motions, but the motion must still be brought within a reasonable time. Confirm the timing that applies to your situation before you rely on it.
State the ground: mistake, inadvertence, surprise, or excusable neglect
Identify which N.D.R.Civ.P. 60(b)(1) ground applies and explain the facts that caused you to miss the deadline to respond. The court weighs whether the neglect that led to the default was excusable under the circumstances.
Understand that Rule 55(c) good cause does not apply
North Dakota did not adopt the federal Rule 55(c) 'good cause' path for undoing a default, so there is no separate, easier standard for a pre-judgment default. Both an entry of default and a default judgment are set aside through N.D.R.Civ.P. 60(b).
Show a meritorious defense
North Dakota courts generally look for a meritorious defense in addition to the Rule 60(b) ground. Show the real defense you would raise if the case reopens, because relief is meant to let cases be decided on their merits. Confirm your court's specific requirements.
Check whether the judgment is void
If you were never properly served, the judgment may be void. N.D.R.Civ.P. 60(b)(4) lets the court set aside a void judgment. This ground turns on defective service or lack of jurisdiction rather than on excusable neglect.
Prepare a supporting affidavit
Support the motion with an affidavit or declaration stating the facts of the mistake or excusable neglect, when you learned of the judgment, and the substance of your defense. Use the same case caption that appears in the court record.
File in the district court and serve the plaintiff
File the motion in the North Dakota district court for the county where the case is pending, serve the motion and supporting affidavit on the plaintiff, and complete a certificate of service. Check your court's local rules for the filing method and any hearing requirements.