For a motion to set aside default judgment, see form 26-1. For a motion to set aside default judgment after service by publication, see form 26-2.
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Include the following notice if a minor is named in the caption or if the motion contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion to Set Aside Default Judgment Because of Military Service
This Motion to Set Aside Default Judgment Because of Military Service is brought by [name of movant], [party designation], who shows in support:
1.This motion is presented not later than ninety days after the date of [name of movant]’s [termination of/release from] military service, as required by 50 U.S.C. § 3931(g).
2.[Name of movant] did not make an appearance in this case. The default judgment was entered on [date], which was [during/within sixty days after the [termination of/release from]] [name of movant]’s military service. [Name of movant] was in military service [specify details] from [date] until [date].
3.[Name of movant] was materially affected by reason of [name of movant]’s military service in making a defense in this case. Specifically, [state how movant was materially affected].
4.Petitioner’s cause of action is based on [describe nature of cause of action]. To this cause of action, [name of movant] has the [meritorious/legal] defense of [state specific facts regarding defense].
[Name of movant] prays that the Court grant the Motion to Set Aside Default Judgment Because of Military Service.
[Name]
Attorney for [name of movant]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
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For certificate of service, see form 21-11. |
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Include the following if applicable. |
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An unsworn declaration may be used in place of an affidavit. See form 8-27. |
Affidavit of [name]
[Name] appeared before me in person today and stated under oath as follows:
“My name is [name of respondent]. I am above the age of eighteen years, and I am fully competent to make this affidavit. I am the movant in this Motion to Set Aside Default Judgment Because of Military Service. The facts stated in this affidavit are within my personal knowledge and are true and correct.
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Allege specific facts and basis for personal knowledge. |
[Name of affiant]
SIGNED under oath before me on ______________________________.
Notary Public, State of Texas