Westminster Colorado Motion and Order to Set Aside Default Judgment In Westminster, Colorado, a Motion and Order to Set Aside Default Judgment is a legal recourse available to parties who have been served with a default judgment but believe it was entered unfairly or due to extenuating circumstances. It provides an opportunity for the defendant to present their case and request the court to vacate the default judgment. There are two main types of Westminster Colorado Motion and Order to Set Aside Default Judgment: 1. Motion and Order to Set Aside Default Judgment (C.R.C.P. 55(c)): This type of motion is filed by the defendant when they have been served with a default judgment. It requests the court to set aside the default judgment on various grounds such as mistake, inadvertence, surprise, excusable neglect, or lack of proper notice. The defendant must provide valid reasons to convince the court that the default judgment should be vacated. 2. Motion and Order to Set Aside Default Judgment for Newly Discovered Evidence (C.R.C.P. 60(b)(2)): This type of motion is filed when the defendant discovers new evidence after the default judgment has been entered. The newly discovered evidence must be significant and crucial to the case, and the defendant must prove that they could not have discovered it earlier through reasonable diligence. This motion aims to allow the court to reconsider the default judgment as the newly discovered evidence may affect the outcome of the case. When filing the Westminster Colorado Motion and Order to Set Aside Default Judgment, it is essential to follow the relevant procedures and guidelines set forth by the Colorado Rules of Civil Procedure (C.R.C.P). Proper documentation, including a written motion, supporting evidence, and legal arguments, should be submitted to the court. Additionally, it is crucial to provide a detailed explanation of why the default judgment should be set aside, referring to the specific statute and case law that supports the arguments. Overall, the Westminster Colorado Motion and Order to Set Aside Default Judgment provides an important avenue for defendants to seek fairness and justice when they believe a default judgment has been entered unfairly or when new evidence has surfaced. By following the appropriate procedures and presenting compelling legal arguments, defendants can adequately present their case to the court and potentially have the default judgment vacated.