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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.