How do I set aside a default judgment in Ohio?

1. Governing Rule. Ohio Civ. R. 60(B) is Ohio's analog to Fed. R. Civ. P. 60(b) and governs relief from final judgments. Ohio Civ. R. 55 governs entry of defaults.

2. Grounds. (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence; (3) fraud, misrepresentation, or misconduct; (4) judgment is void or has been satisfied; (5) any other reason justifying relief.

3. Deadline. Grounds (1)-(3): reasonable time and not more than one year after judgment. Grounds (4)-(5): reasonable time. Void judgments may be challenged at any time without invoking Rule 60(B) (Patton v. Diemer, 35 Ohio St. 3d 68).

4. Mandatory vs Discretionary. Discretionary; must satisfy the three-prong GTE Automatic Electric v. ARC Industries, 47 Ohio St. 2d 146 test: (a) meritorious defense if relief granted, (b) entitled to relief under one of the Rule 60(B)(1)-(5) grounds, (c) motion filed within a reasonable time.

5. Required Showing. Operative facts demonstrating a meritorious defense (not bare allegations) and the chosen ground; supporting affidavits are strongly encouraged.

6. Filing Procedure. Motion for relief from judgment + affidavit + proposed answer; serve all parties; request evidentiary hearing if needed.

7. Bond / Conditions. Court may impose terms including payment of costs.

8. Appeal of Denial. A judgment entry denying Civ. R. 60(B) relief is a final, appealable order under R.C. 2505.02.

9. Collateral Attack. A judgment void for lack of personal jurisdiction may be attacked collaterally without satisfying Rule 60(B).

This is legal information, not legal advice.