How do I set aside a default judgment in Maryland?

1. Governing Rule. Md. Rule 2-535 governs revisory power over judgments in Circuit Court; Md. Rule 2-613 governs default judgments specifically. Md. Rule 3-535 governs District Court.

2. Grounds. Rule 2-535(a) (within 30 days): for any reason in the court's discretion. Rule 2-535(b) (after 30 days): fraud, mistake, or irregularity (narrowly defined). Rule 2-613(g): a defendant may move to vacate within 30 days of entry of the default judgment on grounds of substantial and sufficient basis for an actual controversy and substantial justice.

3. Deadline. Rule 2-535(a) and Rule 2-613(g): 30 days from entry. Rule 2-535(b): no fixed outer limit but must show fraud, mistake, or irregularity (each a narrow legal term).

4. Mandatory vs Discretionary. Discretionary; broad within 30 days, narrow after.

5. Required Showing. Verified motion + facts showing (a) a substantial and sufficient basis for an actual controversy on the merits and (b) substantial justice will be served by vacating the judgment.

6. Filing Procedure. Motion to vacate + supporting affidavits + proposed answer; serve all parties; request hearing.

7. Bond / Conditions. Court may condition vacatur on payment of costs and reasonable attorney fees.

8. Appeal of Denial. Appealable as a final order under Md. Code, Cts. & Jud. Proc. § 12-301.

9. Collateral Attack. A judgment void for lack of jurisdiction may be challenged collaterally.

This is legal information, not legal advice.