To vacate a default, your motion papers must show a good reason or excuse for your default and that your claims or defenses have legal merit. In the Civil Branch and the Commercial Division, any party may request oral argument on the face of its papers or in an accompanying letter.Intheblanks form required for any matter originating and electronically filed in Supreme or Surrogate's Courts in Richmond County. File 5 Days Before Return Date. Unless a rule provides otherwise, a motion to vacate an invalid clerk's judgment should be made in the county where the action is venued (CPLR 3215(e)). Step 1: Get the forms and documents you need. ❑ Step 2: Fill out the forms. The judge or general magistrate assigned to your case is not required to grant what you request in a form. Note: These forms are available in an alternate format on request.