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Ohio Motion to Set Aside a Default Judgment

Set aside an Ohio default judgment under Civ.R. 55(B) and 60(B). File within a reasonable time, and within one year for mistake, new evidence, or fraud.

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 you can reopen the case and defend it on the merits. A default judgment is the judgment a court enters when a defendant fails to answer or otherwise respond. In Ohio, Civ.R. 55(B) says a court may set a default judgment aside in accordance with Civ.R. 60(B), the rule that governs relief from a final judgment. Ohio does not decide these motions on a bare excusable-neglect standard. Under the leading case, GTE Automatic Electric v. ARC Industries, you must show three things: a meritorious defense (a real defense worth presenting if the case reopens), that you qualify under one of the five grounds listed in Civ.R. 60(B), and that your motion is timely. The motion must be made within a reasonable time, and for grounds (1) mistake or excusable neglect, (2) newly discovered evidence, and (3) fraud, no more than one year after the judgment. Ohio also recognizes a separate path: if the judgment is void because you were never properly served, the court can vacate it at any time using its inherent power under Patton v. Diemer, not under Civ.R. 60(B), so the three-prong test and the one-year cap do not apply. DocDraft drafts an Ohio 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 a court enters when a defendant does not respond in time. In Ohio you undo it with a motion to set aside, which reopens the case so it can be decided on the merits rather than by default.

  2. 2

    The rule path is Civ.R. 55(B), which directs that a default judgment may be set aside in accordance with Civ.R. 60(B). Civ.R. 60(B) is the general rule for relief from a final judgment, and it supplies the grounds and the deadline.

  3. 3

    Ohio uses the GTE Automatic Electric v. ARC Industries three-prong test. You must show a meritorious defense to present if relief is granted, that you qualify under one of the Civ.R. 60(B) grounds, and that the motion is made within a reasonable time. All three prongs must be met.

  4. 4

    The deadline has two layers. Every motion must be made within a reasonable time. For grounds (1) mistake, inadvertence, surprise or excusable neglect, (2) newly discovered evidence, and (3) fraud, misrepresentation or misconduct, the motion must also be filed no more than one year after the judgment was entered.

  5. 5

    The five Civ.R. 60(B) grounds are: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence; (3) fraud, misrepresentation or misconduct; (4) the judgment is satisfied or no longer equitable; and (5) any other reason justifying relief. Grounds (4) and (5) are not capped at one year, only the reasonable-time standard applies.

  6. 6

    The meritorious-defense prong asks you to allege a real defense, not to prove you will win. You describe the operative facts of the defense you would raise if the case reopens, such as that the debt was paid, the amount is wrong, or you are not the right party.

  7. 7

    If you were never properly served, the judgment may be void for lack of personal jurisdiction. A void default judgment is vacated through the court's inherent power under Patton v. Diemer, not under Civ.R. 60(B), so there is no one-year limit, no three-prong test, and no need to show a meritorious defense. You file the motion in the trial court that entered the judgment.

Key decisions before you file

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

IN THE [COURT OF COMMON PLEAS / MUNICIPAL COURT] [COUNTY] COUNTY, OHIO

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER] Judge: [JUDGE NAME]

MOTION TO SET ASIDE DEFAULT JUDGMENT AND FOR RELIEF FROM JUDGMENT UNDER CIV.R. 55(B) AND CIV.R. 60(B); MEMORANDUM IN SUPPORT

Now comes Defendant [DEFENDANT NAME] and moves this Court, under Civ.R. 55(B) and Civ.R. 60(B), to set aside the default judgment entered against Defendant on [DATE OF JUDGMENT] and to reopen this case for a decision on the merits.

MEMORANDUM IN SUPPORT

  1. GROUNDS. Under the three-prong test of GTE Automatic Electric, Inc. v. ARC Industries, Inc., a movant is entitled to relief by showing (a) a meritorious defense to present if relief is granted, (b) entitlement to relief under one of the grounds in Civ.R. 60(B)(1) through (B)(5), and (c) that the motion was made within a reasonable time.

  2. CIV.R. 60(B) GROUND. Defendant is entitled to relief under Civ.R. 60(B)([NUMBER]) because [state the facts: for example, mistake, inadvertence, surprise or excusable neglect; newly discovered evidence; fraud, misrepresentation or misconduct; the judgment is no longer equitable; or any other reason justifying relief].

  3. TIMELINESS. This motion is made within a reasonable time after the judgment. [If relying on grounds (1), (2), or (3), add: This motion is also filed within one year after the judgment was entered on [DATE], as Civ.R. 60(B) requires for these grounds.]

  4. MERITORIOUS DEFENSE. Defendant has a meritorious defense to present if the case is reopened: [state the operative facts of the defense, for example the debt was paid, the amount claimed is incorrect, or Defendant is not the correct party]. Defendant need only allege this defense, not prove it will prevail.

  5. VOID JUDGMENT (IF APPLICABLE). [If service was defective: The default judgment is void because Defendant was never properly served and the Court lacked personal jurisdiction. Under Patton v. Diemer, a void judgment is vacated through the Court's inherent power, not under Civ.R. 60(B), and the one-year limit, the three-prong test, and the meritorious-defense requirement do not apply.]

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE], reopen this case, and grant such further relief as is just.

Respectfully submitted,

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] [Email] Attorney for Defendant / Defendant, pro se

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing Motion was served on [PLAINTIFF OR PLAINTIFF'S COUNSEL] by [method of service] on [DATE], in accordance with the Ohio Rules of Civil Procedure.

[NAME]

[Draft the motion as a pleading under Civ.R. 60(B). There is no single mandatory statewide form. Check your local court's rules for filing, caption, and service requirements.]

Ohio Requirements for Motion to Set Aside a Default Judgment

File within a reasonable time

Under Civ.R. 60(B) every motion to set aside must be made within a reasonable time after the judgment. This reasonable-time requirement applies to all five grounds, and timeliness is one of the three prongs the court weighs.

Meet the one-year cap for grounds (1), (2), and (3)

For grounds (1) mistake, inadvertence, surprise or excusable neglect, (2) newly discovered evidence, and (3) fraud, misrepresentation or misconduct, the motion must also be filed no more than one year after the judgment was entered. Grounds (4) and (5) have no fixed one-year cap.

Identify your Civ.R. 60(B) ground

Civ.R. 60(B) lists five grounds: mistake or excusable neglect; newly discovered evidence; fraud, misrepresentation or misconduct; the judgment is satisfied or no longer equitable; and any other reason justifying relief. State which ground applies and the facts behind it.

Show a meritorious defense

The first GTE prong requires you to present a meritorious defense to raise if the case reopens. You allege the operative facts of a real defense, such as the debt was paid or the amount is wrong. You need only allege the defense, not prove you will prevail.

Satisfy the GTE three-prong test

Under GTE Automatic Electric v. ARC Industries, all three prongs must be met: a meritorious defense, entitlement under one of the Civ.R. 60(B) grounds, and a motion made within a reasonable time. Missing any prong defeats the motion.

Check whether the judgment is void for defective service

If you were never properly served, the court may have lacked personal jurisdiction and the judgment is void. Under Patton v. Diemer, a void judgment is vacated through the court's inherent power, not under Civ.R. 60(B), so the one-year limit and the three-prong test do not apply.

Draft the motion as a Civ.R. 60(B) pleading

There is no single mandatory statewide Ohio Supreme Court form. The motion is drafted as a pleading under Civ.R. 60(B) with a memorandum in support and the case caption already assigned. Some local courts publish their own relief-from-judgment forms, so check local rules.

File in the trial court and serve the other side

File the motion in the trial court that entered the default judgment, whether a court of common pleas, a municipal court, or a county court, and serve the plaintiff or plaintiff's counsel. Include a certificate of service and follow your court's local rules on filing and format.

Frequently Asked Questions

It is a request asking the Ohio trial 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 on the merits. Civ.R. 55(B) directs that a default judgment may be set aside in accordance with Civ.R. 60(B), which supplies the grounds and the deadline.

A default is the court's recognition that you failed to respond on time; a default judgment is the later judgment that actually decides the case against you. Undoing a default before judgment is generally simpler. Once a default judgment is entered, you must proceed under Civ.R. 55(B) and 60(B), meet the GTE three-prong test, and file within a reasonable time, and within one year for the mistake, new-evidence, or fraud grounds.

Under Civ.R. 60(B) every motion must be made within a reasonable time. For grounds (1) mistake, inadvertence, surprise or excusable neglect, (2) newly discovered evidence, and (3) fraud, misrepresentation or misconduct, the motion must also be filed no more than one year after the judgment was entered. Grounds (4) and (5) have no fixed one-year cap, only the reasonable-time standard. Time runs from entry of the judgment.

Ohio applies the GTE Automatic Electric v. ARC Industries three-prong test. You must show a meritorious defense to present if relief is granted, that you are entitled to relief under one of the five grounds in Civ.R. 60(B), and that the motion was made within a reasonable time. All three must be satisfied. For the defense prong, you only have to allege a meritorious defense, not prove you will ultimately prevail.

Often yes. If service of process was defective, the court may have lacked personal jurisdiction and the judgment is void. Under Patton v. Diemer, Ohio courts vacate a void judgment through their inherent power, not under Civ.R. 60(B). That means there is no one-year limit, and you do not have to satisfy the three-prong test or show a meritorious defense to have a void judgment vacated.

You must satisfy the GTE prong that requires a meritorious defense, which you do by alleging the operative facts of a real defense you would raise if the case reopens. You allege the defense rather than prove it. Whether a proposed responsive pleading must physically accompany the motion is not fixed by the rule text, so confirm your court's local rules on what to file with the motion.

You file it in the trial court that entered the default judgment, whether that is a court of common pleas, a municipal court, or a county court, under the case caption already assigned. There is no single mandatory statewide Ohio Supreme Court form; the motion is drafted as a pleading under Civ.R. 60(B). Some local courts publish their own relief-from-judgment forms, so check your court's local rules.