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Oregon Motion to Set Aside a Default Judgment

Set aside an Oregon default judgment under ORCP 71 B. File within a reasonable time, and within one year of receiving notice of the judgment for mistake or 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 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. In Oregon the authority sits in two interlocking rules. ORCP 69 governs default orders and default judgments, and it routes an entered default judgment to the relief standard in ORCP 71 B. Under ORCP 71 B(1)(a) the court may relieve you from the judgment for mistake, inadvertence, surprise, or excusable neglect (a failure to act that the court finds reasonable under the circumstances). Oregon writes the meritorious-defense requirement into the rule itself: a motion on those grounds must be accompanied by a pleading, or a motion under Rule 21 A, that asserts a claim or defense. The timing is distinctive. The motion must be made within a reasonable time, and for the (a), (b), and (c) grounds not more than one year after you, the moving party, receive notice of the judgment, not one year from when it was entered. If the judgment is void, most often because you were never properly served, ground (d) has no one-year cap and is limited only by the reasonable-time requirement. DocDraft drafts an Oregon 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 Oregon you undo it with a motion to set aside, which reopens the case so it can be decided on the merits instead of by default.

  2. 2

    Oregon uses two interlocking rules. ORCP 69 governs default orders and default judgments, and it sends an entered default judgment to the relief standard in ORCP 71 B, so the set-aside motion is decided under Rule 71 B.

  3. 3

    The main ground is ORCP 71 B(1)(a): mistake, inadvertence, surprise, or excusable neglect. Oregon letters its grounds (a) through (e), and grounds (a), (b), and (c) share the one-year outer limit.

  4. 4

    The deadline is distinctive. The motion must be made within a reasonable time, and for grounds (a), (b), and (c) not more than one year after you receive notice of the judgment, not one year from when the judgment was entered.

  5. 5

    Oregon writes the meritorious-defense requirement into the rule. A motion on grounds (a), (b), or (c) must be accompanied by a pleading, or a motion under Rule 21 A, that asserts a claim or defense.

  6. 6

    If the judgment is void, most often because you were never properly served, ground (d) has no one-year cap. A void-judgment motion is limited only by the reasonable-time requirement and can be brought later.

  7. 7

    You file the motion in the circuit court where the case is pending. There is no single mandatory statewide general-civil set-aside form, so confirm current forms and local filing rules on courts.oregon.gov.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Oregon, 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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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF [COUNTY]

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER]

DEFENDANT'S MOTION TO SET ASIDE DEFAULT JUDGMENT; DECLARATION IN SUPPORT

[ORCP 69 and ORCP 71 B(1)]

TO THE COURT AND TO PLAINTIFF:

Defendant [DEFENDANT NAME] moves the Court for an order setting aside the default judgment entered on [DATE OF JUDGMENT] and permitting Defendant to file the proposed pleading submitted with this motion. ORCP 69 governs default judgments and directs that an entered default judgment be set aside in accordance with ORCP 71 B.

GROUNDS

  1. Under ORCP 71 B(1)(a), Defendant is entitled to relief from the default judgment for mistake, inadvertence, surprise, or excusable neglect. The default occurred because [describe the mistake, inadvertence, surprise, or excusable neglect that caused the failure to appear or respond].

  2. [If applicable: Under ORCP 71 B(1)(d), the judgment is void because Defendant was never properly served, and the Court may set it aside. This ground is not subject to the one-year outer limit.]

TIMELINESS

  1. This motion is made within a reasonable time. Defendant received notice of the judgment on [DATE OF RECEIPT OF NOTICE], and this motion is made not more than one year after that date, as ORCP 71 B requires for relief under grounds (a), (b), and (c).

MERITORIOUS DEFENSE AND PROPOSED PLEADING

  1. As ORCP 71 B requires, this motion is accompanied by a pleading (or a motion under Rule 21 A) that asserts Defendant's claim or defense. Defendant has a meritorious defense: [state the defense, for example the debt was paid, the amount claimed is wrong, or Defendant is not the correct party].

DECLARATION

I, [DECLARANT NAME], declare that the foregoing is true and correct. [State the facts of the mistake, inadvertence, surprise, or excusable neglect, the date you received notice of the judgment, and the facts supporting your defense.]

Dated: [DATE].

[DECLARANT NAME]

RELIEF REQUESTED

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE], accept the accompanying proposed pleading for filing, and grant such other relief as the Court deems just.

Dated: [DATE].

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] Attorney for Defendant / Defendant Self-Represented

CERTIFICATE OF SERVICE

I certify that I served the foregoing motion, declaration, and proposed pleading on the parties listed below by [method of service] on [DATE], in accordance with Oregon law.

[NAME OF PERSON SERVING]

[There is no single mandatory statewide general-civil set-aside form in Oregon. Check courts.oregon.gov and your county circuit court for current forms and local filing and formatting requirements.]

Oregon Requirements for Motion to Set Aside a Default Judgment

File within a reasonable time, and within one year of receiving notice

Under ORCP 71 B the motion must be made within a reasonable time, and for grounds (a), (b), and (c) not more than one year after you receive notice of the judgment. This one-year clock runs from receipt of notice, not from entry of the judgment.

Attach the proposed pleading

ORCP 71 B requires a motion on grounds (a), (b), or (c) to be accompanied by a pleading, or a motion under Rule 21 A, that asserts a claim or defense. This proposed pleading shows the meritorious defense you would raise if the case is reopened.

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

Identify which ORCP 71 B(1) ground applies. The main ground for undoing a default is (a), mistake, inadvertence, surprise, or excusable neglect, and you must explain the facts that made the failure to respond reasonable under the circumstances.

Understand the two-rule structure

ORCP 69 governs default orders and default judgments and routes an entered default judgment to the relief standard in ORCP 71 B. Cite both rules: ORCP 69 for the authority to set aside a default judgment and ORCP 71 B for the standard and grounds.

Check whether the judgment is void

If you were never properly served, the judgment may be void. Under ground (d) of ORCP 71 B(1) the court may set aside a void judgment, and that path is not subject to the one-year outer limit; it is limited only by the reasonable-time requirement.

Prepare a supporting declaration

Support the motion with a declaration stating the facts of the mistake or excusable neglect, the date you received notice of the judgment, and the facts behind your defense. Include the case caption exactly as it appears in the court record.

Use the correct Oregon caption and confirm forms

Caption the motion for the Circuit Court of the State of Oregon for the county where the case is pending. There is no single mandatory statewide general-civil set-aside form, so confirm current forms and formatting on courts.oregon.gov and your county circuit court.

File in the circuit court and complete a certificate of service

File in the Oregon circuit court where the case is pending, serve the motion, declaration, and proposed pleading on the plaintiff, and file a certificate of service. Check your county circuit court's local rules for the filing method.

Frequently Asked Questions

It is a request asking the Oregon circuit 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. ORCP 69 routes an entered default judgment to the relief standard in ORCP 71 B, and the main ground is mistake, inadvertence, surprise, or excusable neglect under ORCP 71 B(1)(a).

An order of default is the court's record that you did not respond on time; a default judgment is the later judgment that actually decides the case against you. Setting aside an order of default before judgment is generally easier. Once a default judgment is entered, ORCP 69 sends you to the ORCP 71 B standard, where you must show a ground like excusable neglect, move within the deadline, and attach a pleading asserting a defense.

Under ORCP 71 B the motion must be made within a reasonable time, and for the mistake, inadvertence, surprise, or excusable-neglect grounds not more than one year after you, the moving party, receive notice of the judgment. This one-year clock runs from receipt of notice, not from entry of the judgment. If the judgment is void, the void-judgment ground has no one-year cap and is limited only by the reasonable-time requirement.

ORCP 71 B(1) lettered its grounds (a) through (e). The main ground for undoing a default is (a), mistake, inadvertence, surprise, or excusable neglect. Grounds (a), (b), and (c) share the one-year outer limit and require an accompanying pleading. A separate ground, (d), covers a judgment that is void, most often for lack of valid service, and it is not subject to the one-year cap.

Often yes. If you were never properly served, the court may have lacked authority over you and the judgment may be void. In Oregon a void judgment is attacked under ground (d) of ORCP 71 B(1). That path is not subject to the one-year outer limit that applies to the excusable-neglect grounds; it is limited only by the requirement that you move within a reasonable time, so it can be sought later.

Yes, for a motion on grounds (a), (b), or (c). ORCP 71 B requires the motion to be accompanied by a pleading, or a motion under Rule 21 A, that asserts a claim or defense. This lets the court see the meritorious defense you would raise if the case is reopened. The proposed pleading is filed together with your motion and supporting declaration.

You file it in the Oregon circuit court where the case is pending, using the same case caption. The motion includes your grounds under ORCP 71 B, a supporting declaration, and the proposed pleading asserting your defense. There is no single mandatory statewide general-civil form, so check courts.oregon.gov and your county circuit court for current forms and local filing rules.