Rule 1.977.Setting aside default

Rule 1.977 gives a defaulted party a way back into the case, though not an easy one. On motion and for good cause shown, and on whatever terms the court prescribes, the court may set aside a default or the judgment entered on it, for mistake, inadvertence, surprise, excusable neglect, or unavoidable casualty. The rule requires that this happen on notice — it may not be handled ex parte.

Timing is unforgiving. The motion must be filed promptly after discovering the grounds for it, and in every case no more than 60 days after the judgment was entered — an outer limit that applies even if the grounds come to light late. Filing the motion does not pause anything on its own: the rule states that filing does not affect the judgment's finality or impair its operation, so the judgment keeps running unless and until the court grants relief.