Rule 303.Setting Aside Default or Default Judgment

Rule 303 is one sentence, and it draws the distinction that decides how hard it is to undo a default.

Two different standards

The court may set aside an entry of default for good cause shown. It may set aside a default judgment under Rule 805.

Good cause is the lighter test, and it applies while only the default has been entered — before judgment. Once judgment has been entered, the party must satisfy Rule 805, whose grounds are specific: mistake, inadvertence, surprise or excusable neglect; newly discovered evidence; fraud, misrepresentation or misconduct; a void judgment; a satisfied or discharged judgment; or any other reason justifying relief. And the first three of those carry Rule 805's six-month outer limit.

The practical lesson is about speed. The window between entry of default and entry of judgment is where relief is cheapest, and it can be short — Rule 302(a) allows a sum-certain judgment on application with an affidavit, with no hearing at all.

What does not extend the time

Rule 104(b)(3) forbids the court to extend the time to act under Rule 805. So the six-month limit on the main grounds is fixed: it cannot be enlarged by stipulation, and it cannot be enlarged for good cause.