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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

  1. 1

    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.

  2. 2

    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).

  3. 3

    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.

  4. 4

    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.

  5. 5

    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.

  6. 6

    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.

  7. 7

    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.

Open the Motion to Set Aside a Default Judgment guide

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STATE OF NORTH DAKOTA IN DISTRICT COURT COUNTY OF [COUNTY], [JUDICIAL DISTRICT] JUDICIAL DISTRICT

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER]

MOTION TO SET ASIDE DEFAULT JUDGMENT

[N.D.R.Civ.P. 60(b)]

TO THE COURT AND TO THE PLAINTIFF:

Defendant [DEFENDANT NAME] moves this Court, under N.D.R.Civ.P. 60(b), for an order setting aside the default judgment entered on [DATE OF JUDGMENT] and reopening this case so it may be decided on the merits. In support of this motion, Defendant states:

  1. Grounds. The default judgment was entered on [DATE] because [describe the mistake, inadvertence, surprise, or excusable neglect that caused the failure to respond]. This is a ground for relief under N.D.R.Civ.P. 60(b)(1).

  2. Timeliness. This motion is made within a reasonable time and no more than one year after the default judgment was entered, as N.D.R.Civ.P. 60(b) requires for relief on this ground.

  3. Meritorious defense. Defendant has a meritorious defense that would be raised if the case is reopened: [state the defense, for example the debt was paid, the amount claimed is wrong, or Defendant is not the correct party]. North Dakota courts generally look for a meritorious defense alongside the Rule 60(b) ground so that cases may be decided on their merits.

  4. [If applicable: The judgment is void under N.D.R.Civ.P. 60(b)(4) because Defendant was never properly served and the Court lacked jurisdiction. Relief on this ground is not tied to the one-year limit, but is brought 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, when you learned of the judgment, and the substance of your defense.]

[DECLARANT NAME]

Subscribed and sworn to before me on [DATE].

Notary Public

RELIEF REQUESTED

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE], allow Defendant to answer and defend, and grant any other relief 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 a copy of the foregoing motion and supporting affidavit on the Plaintiff or Plaintiff's attorney by [method of service], in accordance with North Dakota law.

[NAME OF PERSON SERVING]

[Confirm your district court's local rules for filing, hearing, and formatting requirements before you file.]

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.

Frequently Asked Questions

It is a request asking a North Dakota 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 N.D.R.Civ.P. 60(b), which lets the court relieve you from a final judgment for reasons that include mistake, inadvertence, surprise, or excusable neglect.

An entry of default is the record that you did not respond on time; a default judgment is the later judgment that decides the case against you. North Dakota did not adopt the federal Rule 55(c) 'good cause' path, so there is no separate, easier standard for the pre-judgment default. Both are set aside through N.D.R.Civ.P. 60(b), which requires a ground such as excusable neglect and a timely motion.

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, so move as soon as you can. If the judgment is void, that ground is not tied to the one-year cap, but the motion must still be brought within a reasonable time.

The common ground under N.D.R.Civ.P. 60(b)(1) is mistake, inadvertence, surprise, or excusable neglect that caused you to miss the deadline to respond. North Dakota courts generally also look for a meritorious defense, meaning the real defense you would raise if the case reopens. Relief under Rule 60(b) is meant to let cases be decided on their merits rather than by default.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. N.D.R.Civ.P. 60(b)(4) lets the court set aside a void judgment. A void-judgment ground is not tied to the one-year cap that applies to excusable-neglect motions, but it must still be brought within a reasonable time, so confirm the timing that applies to your situation.

North Dakota courts generally look for a meritorious defense in addition to the Rule 60(b) ground. A meritorious defense is the real defense you would raise if the case reopens, such as that the debt was paid, the amount is wrong, or you are not the correct party. Because Rule 60(b) is meant to let cases be decided on their merits, showing a genuine defense strengthens the motion. Confirm your court's specific requirements.

You file it in the North Dakota district court for the county where the case is pending, under the same case caption. The motion should include a supporting affidavit or declaration 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.