How do I set aside a default judgment in Missouri?

1. Governing Rule. Mo. Sup. Ct. Rule 74.05(d) specifically governs setting aside default judgments; Rule 74.06 governs relief from judgments generally (including void judgments).

2. Grounds. Rule 74.05(d): good cause (conduct not intentionally or recklessly designed to impede the judicial process) and a meritorious defense. Rule 74.06(b): mistake, fraud, void judgment, or any other reason justifying relief.

3. Deadline. Rule 74.05(d): reasonable time, not to exceed one year after entry of the default judgment. Rule 74.06(c): reasonable time, and within one year for grounds (1) and (2); within reasonable time for void or satisfied judgments. Void judgments: any time, subject to laches.

4. Mandatory vs Discretionary. Discretionary, but Missouri policy strongly favors trial on the merits (Brungard v. Risky's Inc., 240 S.W.3d 685).

5. Required Showing. Verified motion or affidavit setting forth (a) specific facts establishing a meritorious defense and (b) good cause (a reasonable explanation for the default, not gross negligence).

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

7. Bond / Conditions. Court may impose terms including payment of plaintiff's costs and reasonable attorney fees.

8. Appeal of Denial. Appealable as a final judgment under Mo. R. Civ. P. 81.

9. Collateral Attack. A judgment void for lack of jurisdiction may be attacked at any time under Rule 74.06(b)(4).

This is legal information, not legal advice.