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    Sample Motion To Vacate Default Under Rule 55 (C) in United States District Court

    Uploaded by

    Stan Burman
    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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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    Sample Motion To Vacate Default Under Rule 55 (C) in United States District Court

    Uploaded by

    Stan Burman
    2K views3 pages
    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

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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.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    2K views3 pages

    Sample Motion To Vacate Default Under Rule 55 (C) in United States District Court

    Uploaded by

    Stan Burman
    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.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    The document is a motion to vacate a default judgment filed by the defendant in a lawsuit. It provides background on the lawsuit and alleges that default should be vacated due to the defendant's lack of awareness of the complaint.

    The lawsuit alleges breach of contract between the plaintiff and defendant.

    The defendant claims they only became aware of the complaint on a certain date, after default had already been entered, and that they were not properly served with the summons and complaint.

    1 Any Attorney or Party

    Any Street
    2 Any Town, CA 55555

    3 714-555-5555

    4 Any Attorney or Party

    8
    UNITED STATES DISTRICT COURT
    9 ________ DISTRICT OF _____________

    10

    11 Any Plaintiff, ) Case No.


    )
    12 Plaintiff, )
    NOTICE OF MOTION AND MOTION TO VACATE
    )
    DEFAULT PURSUANT TO RULE 55(c);
    13 vs. )
    MEMORANDUM OF POINTS AND
    )
    AUTHORITIES; DECLARATION OF
    14 Any Defendant, and DOES 1-5 )
    _____________; EXHIBITS
    )
    Defendants. )
    15
    ) DATE:
    ) TIME:
    16
    ) PLACE
    )
    17
    )
    )
    18

    19
    To subscribe to my FREE weekly legal newsletter visit
    20

    21 http://www.legaldocspro.net/newsletter.htm and enter your e-mail


    22

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    address. Be sure to remove this notice and all other notices before
    24
    using this document.
    25

    26 To view other documents for sale by LegalDocsPro visit


    27
    http://www.scribd.com/LegalDocsPro
    28

    - 1 -
    NOTICE OF MOTION AND MOTION TO VACATE DEFAULT UNDER RULE 55(c)
    1 TO PLAINTIFF ________ AND THEIR ATTORNEYS OF RECORD:
    2 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the
    3
    above-entitled Court located at ___________________________, Defendant ______ (“Defendant”)
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    will move this Court set aside entry of default, for good cause, pursuant to Rule 55(c) of the Federal
    5

    6
    Rules of Civil Procedure on the grounds that the default was taken against them due to their mistake,

    7 inadvertence, surprise, or excusable neglect as more fully set forth in the declaration of ________ and

    8 exhibits attached thereto.


    9
    This motion shall be based upon this notice, the attached memorandum of points and
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    authorities, the attached declaration of ___________ and exhibits attached thereto, the complete files
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    and records of this action, and such other and further oral and documentary evidence as may be
    12

    13 presented at the hearing on this motion.

    14
    Dated_________________________ _______________________________________
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    Any Attorney or Party
    16

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    Be sure to check the local rules for your Court to determine if you
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    must meet and confer with the other party before filing this motion.
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    NOTICE OF MOTION AND MOTION TO VACATE DEFAULT UNDER RULE 55(c)
    1 MEMORANDUM OF POINTS AND AUTHORITIES
    2 I.
    3
    STATEMENT OF FACTS
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    Plaintiffs filed suit against Defendant on or about ___________ alleging: Add some brief
    5

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    facts regarding the lawsuit such as breach of contract, etc. See Plaintiffs complaint on file.

    7 The proof of service filed by Plaintiff alleges that Defendant was served on ___________with

    8 the summons and complaint.


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    Default was entered against Defendant on _______________.
    10
    Defendant contends that they only heard about the complaint on ____________ when STATE
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    HOW YOU FIRST BECAME AWARE OF THE COMPLAINT. See the declaration of
    12

    13 _______________________ and exhibits attached thereto filed and served concurrently and

    14 incorporated herein by reference.


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    To purchase the entire 10 page document visit:
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    17 https://legaldocspro.myshopify.com/products/sample-motion-to-vacate-
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    default-under-rule-55c-in-united-states-district-court
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    NOTICE OF MOTION AND MOTION TO VACATE DEFAULT UNDER RULE 55(c)

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