How do I set aside a default judgment in Minnesota?

1. Governing Rule. Minn. R. Civ. P. 55.01 governs default; Minn. R. Civ. P. 60.02 governs relief from default judgments.

2. Grounds. Rule 60.02: (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence; (c) fraud; (d) judgment is void; (e) judgment satisfied or no longer equitable; (f) any other reason justifying relief.

3. Deadline. Rule 60.02: reasonable time, and within one year for grounds (a)-(c). Void judgments and (e)-(f): reasonable time only.

4. Mandatory vs Discretionary. Discretionary; courts apply the four-factor Hinz v. Northland Milk & Ice Cream Co., 237 Minn. 28, 53 N.W.2d 454 test (Finden factors): (a) reasonable claim on the merits, (b) reasonable excuse for the default, (c) acted with due diligence after notice of entry of judgment, and (d) no substantial prejudice to opposing party.

5. Required Showing. Verified motion + supporting affidavits setting forth specific defense facts and excuse; proposed answer attached.

6. Filing Procedure. Motion + affidavits + proposed answer; serve all parties; set for hearing.

7. Bond / Conditions. Court may impose terms including costs and reasonable attorney fees.

8. Appeal of Denial. Appealable as a final order under Minn. R. Civ. App. P. 103.03.

9. Collateral Attack. A judgment void for lack of jurisdiction may be challenged at any time.

This is legal information, not legal advice.