Checklist for Motion to Set Aside a Dismissal or a Default Judgment
Keep a copy of all documents for your records. Attend all court hearings. (1) Motion to Set Aside Write your name and contact information at the top of the first page. Check whether you are the plaintiff or defendant or the attorney for the plaintiff or defendant. Complete the heading exactly as it appears in the Affidavit and Summons. Check the correct box to say whether you are requesting to set aside a dismissal or default judgment. Write the date on which the dismissal order or default judgment was signed. Explain why you were unable to be at the trial. Omit any private or protected information. When filed, this document is a public record. Code of Judicial Administration Rule 4-202.09(9) requires that you omit from a public record any information that is not itself public information. For a list of records, data and information classified as public, private, and protected, see Rule 4-202.02. Date and sign the form. Attach the proposed Order Complete the Certificate of Service. Serve the forms on the other party. File the forms with the judicial service assistant. (2) Proposed Order on Motion to Set Aside Complete the heading exactly as it appears in the Affidavit and Summons. Do not complete the rest of the form. The judge will do this. File and serve the proposed Order with the Motion. You must serve the completed Order on the other party after it is signed. (3) After the judge signs the order Serve a copy of the signed order on the other party. Complete the Certificate of Service. File the Certificate of Service with the court.