How do you set aside a default judgment in Florida?

A common summary of the rules for setting aside (excusing) a default is frequently quoted by Florida appellate courts: A party attempting to set aside a clerk's default must demonstrate excusable neglect, a meritorious defense, and due diligence in order for the trial court to vacate the default.

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Motion to Set Aside Submission and Reopen Case

Hillsborough Florida Motion to Set Aside Submission and Reopen Case

Name: Hillsborough Florida Motion to Set Aside Submission and Reopen Case
Brand: US Legal Forms
Rating: 4.62 (208 reviews)

Category:

Civil Procedure - Motions - Case Reopenings

State:

Multi-State

County:

Hillsborough

Control #:

US-02764BG

Format:

Instant download

Description

This form is a generic sample of a motion to reopen a case based on newly discovered evidence.

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How to fill out Hillsborough Florida Motion To Set Aside Submission And Reopen Case?

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A common summary of the rules for setting aside (excusing) a default is frequently quoted by Florida appellate courts: A party attempting to set aside a clerk's default must demonstrate excusable neglect, a meritorious defense, and due diligence in order for the trial court to vacate the default.

To ask a court to set aside (cancel) a court order or judgment, you have to file a request for order to set aside, sometimes called a motion to set aside or motion to vacate. The terms set aside or vacate a court order basically mean to cancel or undo that order to start over on a particular issue.

To have a prima facie defence means to have some argument that might have merit. Although the discretion is unconditional the courts have formed rules to guide them in the normal exercise of their discretion.

If the judgment is set aside by the court, this means that the proceedings go back to the claim stage and any enforcement action is also cancelled. You have a new opportunity to fill in the reply to the claim form, make an offer of payment or put in any defence or counterclaim.

If a default or default judgment has been entered against you, and you believe, because of a mistake, inadvertence, excusable neglect, newly discovered evidence, or fraud, that it should not have been entered against you, you can use this form to request that the court set aside the default or default judgment.

To have a default vacated, the movant must demonstrate excusable neglect in failing to file a responsive pleading, due diligence upon learning of the entry of the default, and existence of a meritorious defense.

The motion shall be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, decree, order, or proceeding was entered or taken.

Vacating a Florida Judgment Florida Rules of Civil Procedure 1.540 allows a defendant to vacate of judgment for numerous reasons including: mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, the judgment is void or the judgment has been satisfied.

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Hillsborough Florida Motion to Set Aside Submission and Reopen Case

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