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Sample motion to vacate default under Rule 55(c) in United States District Court

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This sample motion to vacate a default under Rule 55(c) in United States District Court is used when a default has been entered but no judgment. The sample motion is used by a defendant to request that the Court vacate an entry of default against them for good cause. The sample on which this preview is based is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is an entrepreneur and freelance paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Sample motion to vacate default under Rule 55(c) in United States District Court

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party UNITED STATES DISTRICT COURT ________ DISTRICT OF _____________ Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION AND MOTION TO VACATE DEFAULT PURSUANT TO RULE 55(c); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF _____________; EXHIBITS DATE: TIME: PLACE ) ) To subscribe to my FREE weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. Be sure to remove this notice and all other notices before using this document. To view other documents for sale by LegalDocsPro visit http://www.scribd.com/LegalDocsPro - 1 - NOTICE OF MOTION AND MOTION TO VACATE DEFAULT UNDER RULE 55(c)
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO PLAINTIFF ________ AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the above-entitled Court located at ___________________________, Defendant ______ (“Defendant”) will move this Court set aside entry of default, for good cause, pursuant to Rule 55(c) of the Federal Rules of Civil Procedure on the grounds that the default was taken against them due to their mistake, inadvertence, surprise, or excusable neglect as more fully set forth in the declaration of ________ and exhibits attached thereto. This motion shall be based upon this notice, the attached memorandum of points and authorities, the attached declaration of ___________ and exhibits attached thereto, the complete files and records of this action, and such other and further oral and documentary evidence as may be presented at the hearing on this motion. Dated_________________________ _______________________________________ Any Attorney or Party Be sure to check the local rules for your Court to determine if you must meet and confer with the other party before filing this motion. - 2 - NOTICE OF MOTION AND MOTION TO VACATE DEFAULT UNDER RULE 55(c)
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. STATEMENT OF FACTS Plaintiffs filed suit against Defendant on or about ___________ alleging: Add some brief facts regarding the lawsuit such as breach of contract, etc. See Plaintiffs complaint on file. The proof of service filed by Plaintiff alleges that Defendant was served on ___________with the summons and complaint. Default was entered against Defendant on _______________. Defendant contends that they only heard about the complaint on ____________ when STATE HOW YOU FIRST BECAME AWARE OF THE COMPLAINT. See the declaration of _______________________ and exhibits attached thereto filed and served concurrently and incorporated herein by reference. To purchase the entire 10 page document visit: https://legaldocspro.myshopify.com/products/sample-motion-to-vacate- default-under-rule-55c-in-united-states-district-court - 3 - NOTICE OF MOTION AND MOTION TO VACATE DEFAULT UNDER RULE 55(c)

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