Rule 4:43-3.Setting Aside Default
Last amended September 1, 2008 · Current through June 18, 2026 · Last verified July 7, 2026
Full Text of Rule 4:43-3
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:56-3; amended July 9, 2008 to be effective September 1, 2008.
Plain-English Summary
Reversing a default is not a bare request — it has to come packaged with the substance of a defense. A motion to vacate an entry of default must include either an answer to the complaint with a Case Information Statement, or a dispositive motion under Rule 4:6-2, along with the filing fee that gets refunded only if the motion is denied.
With that package in hand, the court may set aside the default for good cause, and if a default judgment has already been entered, it may set that aside too, following the standard that governs relief from judgments under Rule 4:50.
Frequently Asked Questions
What must accompany a motion to vacate an entry of default?
Either an answer to the complaint and a Case Information Statement, or a dispositive motion under Rule 4:6-2, along with the filing fee for whichever is filed.
Can a default judgment, not just an entry of default, be set aside?
Yes, under the standard set out in Rule 4:50.