To file a motion to set aside a judgment, you submit a written motion to the same court that entered the judgment, identify a recognized legal ground under Federal Rule of Civil Procedure 60(b) or your state’s equivalent, back it with a sworn declaration explaining what went wrong, attach a proposed answer showing you have a real defense, serve the opposing party, and do all of this within the deadline that applies to your ground. The most common grounds carry a one-year cap, and courts expect you to act as soon as you learn of the problem.
This is not a way to reargue a case you lost on the merits. It exists for situations where the process itself broke down, such as never receiving notice of the lawsuit, discovering that the other side committed fraud, or learning that the court had no authority to enter the judgment in the first place.
Grounds That Qualify for Relief
Federal Rule of Civil Procedure 60(b) recognizes six grounds, and most states have adopted nearly identical rules with local variations in procedure and timing.1Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Relief from a Judgment or Order Pick the one that actually fits your facts. Citing the wrong ground weakens the motion even when the underlying story is sympathetic.
Mistake, Inadvertence, Surprise, or Excusable Neglect
This is the ground most filers use. It covers never receiving proper notice of the lawsuit, a medical emergency that prevented a timely response, or a proceeding you genuinely did not know about. Simply forgetting or being too busy does not qualify. Courts expect the level of attention a reasonably careful person would give a legal matter, and “understandable” is not the same as “excusable.”
Newly Discovered Evidence
You can seek relief if you have found evidence significant enough to have likely changed the outcome, but only if you could not have discovered it earlier through reasonable effort. This is not a second chance to introduce evidence you already had. The court will look hard at whether your earlier investigation was genuinely diligent.
Fraud or Misconduct by the Other Side
Deliberate misleading, concealment of evidence, or other dishonest conduct that kept you from fairly participating supports relief. You need specifics: what the misconduct was, that it was intentional, and how it affected the outcome. Vague accusations get nowhere.
Void Judgment
A judgment is void when the court lacked personal jurisdiction over you, lacked jurisdiction over the type of case, or the proceedings were so fundamentally flawed that the judgment carries no legal force. This is a narrow category, but it is powerful: there is no hard filing deadline, and the court has no discretion to let a void judgment stand.
Judgment Satisfied, Released, or Based on a Reversed Decision
If the debt has been paid, the judgment has been formally released, or a higher court reversed a ruling that your judgment depended on, that is grounds for relief. It also covers situations where enforcing the judgment going forward would be unfair because of changed circumstances.
Extraordinary Circumstances
Rule 60(b)(6) is a safety valve for situations that do not fit the other five categories. The standard is genuinely demanding. Think severe incapacitation of a party, a fundamental shift in governing law, or a situation where denying relief would produce a deeply unjust result.
Deadlines You Cannot Miss
Every ground requires filing within a “reasonable time,” and three of them carry a hard one-year cap on top of that.1Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Relief from a Judgment or Order
- One-year maximum: Motions based on mistake or excusable neglect, newly discovered evidence, or fraud must be filed no more than one year after the judgment was entered.
- Reasonable time only: Motions based on a void judgment, a satisfied or reversed judgment, or extraordinary circumstances have no hard deadline, but you still must file within a reasonable time.
The reasonable-time requirement has teeth even when you are within the one-year window. Waiting 11 months when you knew about the problem immediately can sink the motion. Courts look at when you learned of the grounds and how quickly you moved after that.
State courts often set different deadlines. Some allow as little as 15 days for certain motions, others mirror the federal one-year limit, and some set a two-year maximum. Check your local court’s specific rules before doing anything else. Getting the deadline wrong ends the matter.
Showing a Meritorious Defense
Proving a valid ground is not enough. Courts also want to see that reopening the case would not be pointless, meaning you have a defense worth hearing. You do not need to prove you would win at trial. You do need to present facts that, if proven, would amount to a legitimate defense.
In practice, this means preparing a proposed answer to the original complaint that shows exactly how you would respond to each allegation. A generic denial with no substance rarely persuades a judge to reopen anything. Specific factual disputes and identified legal defenses carry real weight. Treat this document as seriously as the motion itself.
Documents to Prepare
Forms vary by court, but most jurisdictions require the same package:
- Motion to set aside judgment: The formal document requesting relief, identifying the ground you are relying on and citing the specific rule (Rule 60(b) in federal court, or your state’s equivalent).
- Supporting declaration or affidavit: A sworn statement laying out the facts. Why you did not respond, what went wrong, and how it connects to a recognized ground. This is your story under penalty of perjury, so accuracy matters.
- Proposed answer to the original complaint: Shows the court what your defense would look like if the judgment is set aside.
- Proof of service: A form confirming you served copies of everything on the opposing party.
You will need the case name, case number, and the exact date the judgment was entered. Those details appear on the judgment itself and are available from the court clerk. Many courts post downloadable motion forms on their websites, and clerks can hand you blank copies at the courthouse.
Where to File and How to Serve
File with the clerk of the court that entered the judgment, not a different courthouse in the same system. Bring the originals plus at least two copies: one for your records, one for the other party. The clerk stamps everything with the filing date and returns your copies.
Filing fees vary. Some courts charge a flat motion fee, others charge a case-reopening fee that runs higher. If you cannot afford it, most courts let you apply for a fee waiver by submitting a financial disclosure form at the same time you file.
Many federal courts require electronic filing through CM/ECF, and a growing number of state courts have similar requirements.2United States Courts. Electronic Filing (CM/ECF) If you are representing yourself, ask the clerk whether e-filing is available or mandatory for your situation. Some courts still allow self-represented parties to file on paper.
After filing, serve the other party with stamped copies. Under the federal rules, acceptable methods include hand delivery, leaving documents at the person’s office or home with someone appropriate, mailing to their last known address, or electronic delivery if the other party has agreed to it in writing. If the other party has an attorney on file, serve the attorney rather than the party directly.3Legal Information Institute. Federal Rules of Civil Procedure Rule 5 – Serving and Filing Pleadings and Other Papers File a proof of service with the court showing when and how you delivered the papers. Without it, the court will not proceed.
Stopping Collection While the Motion Is Pending
Filing the motion does not automatically freeze collections. The judgment holder can still garnish wages, levy bank accounts, or place liens on your property while the motion sits on the calendar. This surprises people, and the surprise is expensive.
Under the federal rules, enforcement is automatically stayed for 30 days after a judgment is entered. After that window closes, you have to actively request a stay. The court will likely require you to post a bond or other security to protect the judgment holder in case your motion fails, typically the full judgment plus estimated interest and costs.4Legal Information Institute. Federal Rules of Civil Procedure Rule 62 – Stay of Proceedings to Enforce a Judgment If you cannot afford a bond, you can ask the court to waive or reduce the security requirement. Success depends on your financial circumstances and the apparent strength of your motion.
The Hearing
The court schedules a hearing once your motion and proof of service are on file. Depending on the calendar, this can take weeks or months. The clerk provides the date, time, and courtroom when you file, or sends notice by mail.
You carry the burden of proof. You have to convince the judge your situation fits a recognized ground, you filed on time, and you have a defense worth hearing. The opposing party will argue why the judgment should stand and will emphasize any delay on your part or weakness in your proposed defense.
Judges have broad discretion. They weigh how long you waited, how strong your defense looks, whether reopening would unfairly harm the other side, and whether you acted in good faith. A well-prepared declaration and proposed answer carry more weight than anything you say at the podium. Put your strongest case on paper before you walk in.
After the Ruling
If the judge grants the motion, the original judgment is wiped out and the case reopens. You file your answer to the original complaint, and the lawsuit proceeds as if the judgment never happened. Winning the motion is the starting point, not the end. You still have to defend the underlying case.
If the motion is denied, the judgment stands and remains fully enforceable. You can appeal, but appellate courts give significant deference to the trial judge under an abuse-of-discretion standard, meaning you would need to show the decision was unreasonable rather than merely wrong in your view. Talk to an attorney before pursuing that route.
Courts rarely entertain a second motion to set aside the same judgment unless you have discovered an entirely new ground for relief that did not exist when you filed the first one. Make the first motion count.