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Rule 4:43-3.Setting Aside Default

Last amended September 1, 2008 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:43-3 lets a court set aside an entry of default for good cause, but requires the motion to vacate to come with either an answer and Case Information Statement or a dispositive motion, plus the filing fee.

Full Text of Rule 4:43-3

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A party’s motion for the vacation of an entry of default shall be accompanied by (1) either an answer to the complaint and Case Information Statement or a dispositive motion pursuant to Rule 4:6-2, and (2) the filing fee for an answer or dispositive motion, which shall be returned if the motion to vacate the entry of default is denied. For good cause shown, the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 4:50.

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.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:43-3). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source
Also known as: motion to vacate defaultsetting aside entry of default