Civil Litigation,
Judges and Judiciary
Apr. 23, 2015
Compare federal and state motions to set aside defaults
The standards for setting aside a default judgment under state and federal laws are not the same, and a recent case shifts in how federal courts handle these motions.
The law overwhelmingly favors decisions based on the trier of fact hearing both sides of a case; denying a motion to set aside a judgment by default is disfavored. In Carey v. Piphus, 435 U.S. 247 (1978), Justice Lewis Powell noted why a claimant believes on-the-merits-hearings are so important: "[I]n addition to protecting against unjustified deprivations, the Due Process Clause also guarantees the 'feeling of just treatment' by the government."
But a motion to vacate mus...For only $95 a month (the price of 2 article purchases)
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