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South Dakota Motion to Set Aside a Default Judgment

Set aside a South Dakota default judgment under SDCL 15-6-55(c), which routes to SDCL 15-6-60(b). File within a reasonable time, and within one year 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. In South Dakota the entry point is SDCL 15-6-55(c), which says that for good cause shown the court may set aside a default judgment in accordance with SDCL 15-6-60(b). That means the gate is good cause under the default rule, but the actual standard is the general relief-from-judgment rule. Under SDCL 15-6-60(b) the grounds include mistake, inadvertence, surprise, or excusable neglect, newly discovered evidence, fraud or misconduct, a judgment that is void, and any other reason justifying relief. South Dakota case law adds a second requirement most defendants miss. The Supreme Court frames the burden as a two-part showing: you must prove both excusable neglect (or another statutory ground) and a meritorious defense, meaning a real defense you would raise if the case reopened. A statutory ground by itself is not enough. Timing matters: the motion must be made within a reasonable time, and for excusable neglect, newly discovered evidence, and fraud, not more than one year after the judgment. A void judgment, often from defective service, is not capped at one year. DocDraft drafts a South 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 South Dakota you undo it with a motion to set aside, which reopens the case so it can be decided on the merits rather than left as an automatic loss.

  2. 2

    The rule works in two parts. SDCL 15-6-55(c) sets the gate, saying that for good cause shown the court may set aside a default judgment in accordance with SDCL 15-6-60(b), and 15-6-60(b) supplies the actual grounds and deadlines.

  3. 3

    The SDCL 15-6-60(b) grounds include mistake, inadvertence, surprise, or excusable neglect, newly discovered evidence, fraud or misconduct of an adverse party, a void judgment, and any other reason justifying relief from the judgment.

  4. 4

    South Dakota case law requires a two-part showing. Under the Supreme Court's framing in Peterson v. La Croix, you must prove both excusable neglect (or another statutory ground) and a meritorious defense; the statutory ground alone is not enough.

  5. 5

    The deadline is layered. Every motion must be made within a reasonable time, and for grounds (1) mistake, inadvertence, surprise, or excusable neglect, (2) newly discovered evidence, and (3) fraud, not more than one year after the judgment.

  6. 6

    A void judgment is on its own timeline. Under SDCL 15-6-60(b)(4) a judgment that is void, often because you were never properly served, is bounded only by the reasonable-time requirement and is not subject to the one-year cap.

  7. 7

    A meritorious defense means the real defense you would present if the case reopened, and it is typically shown by affidavit. You file the motion in the South Dakota circuit court where the case is pending; confirm your court's local requirements.

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in South 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

Customize your Motion to Set Aside a Default Judgment Template with DocDraft

STATE OF SOUTH DAKOTA IN CIRCUIT COURT COUNTY OF [COUNTY] [JUDICIAL CIRCUIT] JUDICIAL CIRCUIT

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

Civ. No.: [CASE NUMBER]

MOTION TO SET ASIDE DEFAULT JUDGMENT

[SDCL 15-6-55(c) and SDCL 15-6-60(b)]

TO THE PLAINTIFF AND TO THE CLERK OF THE ABOVE-ENTITLED COURT:

Defendant [DEFENDANT NAME] moves this Court for an order setting aside the default judgment entered on [DATE OF JUDGMENT] and permitting Defendant to defend this action on the merits. This motion is made under SDCL 15-6-55(c), which provides that for good cause shown the court may set aside a default judgment in accordance with SDCL 15-6-60(b), and is supported by the accompanying affidavit.

GROUNDS

  1. Good cause exists to set aside the default judgment under SDCL 15-6-55(c) and SDCL 15-6-60(b) because the default was the result of [describe the mistake, inadvertence, surprise, or excusable neglect that caused the failure to respond].

  2. [If applicable: The judgment is void under SDCL 15-6-60(b)(4) because Defendant was never properly served and the Court therefore lacked jurisdiction. A void-judgment motion is not subject to the one-year limit.]

  3. Under South Dakota law, Defendant must show both excusable neglect (or another ground under SDCL 15-6-60(b)) and a meritorious defense. Defendant has a meritorious defense: [state the defense, for example the debt was paid, the amount is wrong, or Defendant is not the correct party].

TIMELINESS

  1. This motion is made within a reasonable time. For relief based on mistake, inadvertence, surprise, or excusable neglect, it is also made not more than one year after the judgment was entered, as SDCL 15-6-60(b) requires. [If relying on a void judgment under ground (4), the one-year limit does not apply.]

RELIEF REQUESTED

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE OF JUDGMENT], allow Defendant to file a responsive pleading and defend on the merits, and grant such other relief as the Court deems just.

Dated: [DATE]

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] Attorney for Defendant / Defendant Pro Se

AFFIDAVIT IN SUPPORT

STATE OF SOUTH DAKOTA ) ) ss. COUNTY OF [COUNTY] )

I, [AFFIANT NAME], being first duly sworn, state that the facts set out above 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 meritorious defense you would raise if the case is reopened.]

[AFFIANT NAME]

Subscribed and sworn to before me this [DAY] day of [MONTH], [YEAR].

Notary Public

CERTIFICATE OF SERVICE

I certify that on [DATE] I served the foregoing motion and affidavit on the parties of record by [method of service], in accordance with South Dakota law.

[NAME OF PERSON SERVING]

[Confirm your circuit court's local rules for format, filing method, and service requirements before filing.]

South Dakota Requirements for Motion to Set Aside a Default Judgment

File within a reasonable time

Under SDCL 15-6-60(b) every motion to set aside must be made within a reasonable time. Delay can defeat the motion even when you are inside any outer limit, so file as soon as you learn of the default judgment.

Meet the one-year cap for excusable neglect

For grounds (1) mistake, inadvertence, surprise, or excusable neglect, (2) newly discovered evidence, and (3) fraud, SDCL 15-6-60(b) also requires the motion to be made not more than one year after the judgment was entered.

Show good cause under SDCL 15-6-55(c) and 15-6-60(b)

SDCL 15-6-55(c) provides that for good cause shown the court may set aside a default judgment in accordance with SDCL 15-6-60(b). Identify which SDCL 15-6-60(b) ground applies and explain the facts that caused the default.

Prove a meritorious defense

South Dakota case law requires a two-part showing under the Supreme Court's framing in Peterson v. La Croix: excusable neglect (or another statutory ground) and a meritorious defense. State the real defense you would raise if the case is reopened.

Check whether the judgment is void

If you were never properly served, the judgment may be void under SDCL 15-6-60(b)(4). A void-judgment motion is bounded only by the reasonable-time requirement and is not subject to the one-year cap that applies to grounds (1), (2), and (3).

Prepare a supporting affidavit

Support the motion with a sworn affidavit setting out the facts of the mistake or excusable neglect, when you learned of the judgment, and the meritorious defense you would raise. The affidavit is how the two-part showing is typically established.

Use the South Dakota circuit court caption

Caption the motion for the South Dakota circuit court in the county and judicial circuit where the case is pending, matching the case number and party names exactly as they appear in the court record.

File in the circuit court and serve the parties

File the motion and affidavit in the circuit court where the action is pending, serve them on the parties of record, and complete a certificate of service. Requirements vary by court, so confirm your court's local filing and service rules.

Frequently Asked Questions

It is a request asking the South Dakota 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. The gate is SDCL 15-6-55(c), which for good cause shown routes the standard to SDCL 15-6-60(b), and case law also requires a meritorious defense.

An entry of default is the record that you did not respond on time; a default judgment is the later judgment that actually decides the case against you. Setting aside a default before judgment is generally easier. Once a default judgment is entered, SDCL 15-6-55(c) requires good cause under SDCL 15-6-60(b), and South Dakota case law adds a two-part burden: excusable neglect (or another ground) plus a meritorious defense.

Under SDCL 15-6-60(b) the motion must be made within a reasonable time. For grounds (1) mistake, inadvertence, surprise, or excusable neglect, (2) newly discovered evidence, and (3) fraud, it must also be made not more than one year after the judgment was entered. A void judgment under ground (4) is not subject to the one-year cap, only the reasonable-time requirement.

SDCL 15-6-60(b) lists the grounds: mistake, inadvertence, surprise, or excusable neglect, newly discovered evidence, fraud or misconduct, a void judgment, and any other reason justifying relief. South Dakota case law adds a second requirement. Under the Supreme Court's framing in Peterson v. La Croix, you must show both excusable neglect (or another ground) and a meritorious defense; the statutory ground alone will not carry the motion.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. SDCL 15-6-60(b)(4) lists a void judgment as a distinct ground. Because the one-year cap in the rule applies only to grounds (1), (2), and (3), a void-judgment motion is not limited to one year and is bounded only by the reasonable-time requirement.

Yes. South Dakota case law requires a meritorious defense on top of the statutory ground. The Supreme Court frames the burden as a two-part showing: excusable neglect (or another ground) and a meritorious defense, meaning the real defense you would raise if the case reopened. It is typically established by affidavit. Confirm with your court whether a proposed responsive pleading should accompany the motion.

You file it in the South Dakota circuit court for the county where the action is pending, using the case caption as it appears in the court record. Support the motion with an affidavit setting out the facts of your excusable neglect and your meritorious defense. Requirements vary by court, so confirm your court's local filing and service rules before you file.