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

23
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”)
4
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
10
authorities, the attached declaration of ___________ and exhibits attached thereto, the complete files
11
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_________________________ _______________________________________
15
Any Attorney or Party
16

17
Be sure to check the local rules for your Court to determine if you
18
must meet and confer with the other party before filing this motion.
19

20

21

22

23

24

25

26

27

28

- 2 -
NOTICE OF MOTION AND MOTION TO VACATE DEFAULT UNDER RULE 55(c)
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
Plaintiffs filed suit against Defendant on or about ___________ alleging: Add some brief
5

6
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.

9
Default was entered against Defendant on _______________.
10
Defendant contends that they only heard about the complaint on ____________ when STATE
11
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.

15
To purchase the entire 10 page document visit:
16

17 https://legaldocspro.myshopify.com/products/sample-motion-to-vacate-
18
default-under-rule-55c-in-united-states-district-court
19

20

21

22

23

24

25

26

27

28

- 3 -
NOTICE OF MOTION AND MOTION TO VACATE DEFAULT UNDER RULE 55(c)