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Chapter 26

Form 26-4

Include the following notice if a minor is named in the caption or if the order 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.]

Order on Motion to Set Aside Default Judgment

On [date] the Court considered the Motion to Set Aside Default Judgment of [name of movant].

Appearances

Include appropriate recitations concern­ing appearances. See form 21-15.

Record

A record of the proceedings was duly reported by [[name, address]/the court reporter for the [designation] Court].

Or

No record of the proceedings was made.

Include as applicable.

Argument Only

The Court considered the arguments of counsel.

Or

Evidence Presented

The Court considered the arguments of counsel, [include as applicable: the affidavit of [name of movant]/the affidavit of [name of petitioner]/the testimony of [name of movant]/the testimony of [name of petitioner]/the testimony of [names of parties]/the testimony of [oth­ers]] and other admitted evidence.

Include as applicable.

The Court ORDERS the default judgment set aside and held for naught.

Or

The Court ORDERS that the motion is DENIED.

Include the following if applicable.

IT IS FURTHER ORDERED that [name of movant] tender [number] dollars ($[amount]) by cash, cashier’s check, or money order to [name of petitioner], Petitioner, at [address] on or before [time] on [date] for reasonable costs and expenses.

Continue with the following.

SIGNED on ___________________________________.


JUDGE PRESIDING