Respond to a motion to set aside a federal default
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the date the default was entered, the date of any judgment, and the ground the moving paper states, matched only to a ground that appears in Rule 60(b). Do not write the opposition.
- What the lawyer must review
- You write the opposition. Rule 55(c) allows the court to set aside an entry of default for good cause, and to set aside a final default judgment under Rule 60(b). Rule 60(b) lists mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence; fraud, misrepresentation, or misconduct by an opposing party; a void judgment; a judgment that has been satisfied, released, or discharged, or that rests on an earlier judgment that has been reversed or vacated, or that should no longer have prospective application; and any other reason that justifies relief. A motion under Rule 60(b) must be made within a reasonable time, and for the first three grounds no more than a year after the entry of the judgment or order or the date of the proceeding. The motion does not suspend the judgment. Rule 60(d) leaves an independent action and fraud on the court outside that limit. You decide which ground is actually raised.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.