You are here

Motion to Set Aside Clerk's Entry of Default

Official Procedure Last Change August 4, 2014

Motion to Set Aside Clerk's Entry of Default

How to file:

Location of event: Adversary > Motions & Briefs > Set Aside Clerk's Entry of Default, Motion to

Things to be aware of when filing: This event may be used to move that the court set aside a Clerk's Entry of Default. The Motion for Relief from Judgment/Order event should be used if seeking relief from a judgment.

 

 

General Information

This event may be used to move that the court set aside a Clerk's Entry of Default. The Motion for Relief from Judgment/Order event should be used if seeking relief from a judgment.

Filing Requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Set Aside Clerk's Entry of Default, Motion to from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. Select the Clerk's Entry of Default to which your filing relates and click Next.

11. If you indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.

12. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Application you are filing is amended.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

14. Upload proposed order.