Court & Hearings

You can use the Motion to Vacate a Default Judgment program. It will help you create all the forms you need, including the following:

• Motion to Vacate a Default Judgment,
• Notice of Motion A document that gives notice to the court and the other party. It explains someone has filed a motion, and where and when that motion will be argued before a judge. ,
• Proof of Service A form that explains how court papers were given to someone in a court case , and
• Order.

In your written motion, you should ask the judge to vacate the judgment.

If you are filing the motion within 30 days of learning of the default judgment, you should say so. Include weekends and holidays when counting. The deadline cannot be a weekend or holiday. If the 30th day lands on a weekend or holiday, the deadline is the next weekday. If you file the motion more than 30 days after learning of the judgment, the judge will probably not grant the motion.

You may also want to explain why you missed your original court date or failed to enter a plea A person's formal answer of guilty, not guilty, or no contest to the charges against them , especially if you have a good reason.

Review the forms to make sure they are correct, then sign them.

The original signed Motion to Vacate a Default Judgment and Notice of Motion will be given to the court when you file them. Then make:

• One copy of the Motion to Vacate a Default Judgment and the Notice of Motion for your records,
• One copy for each person you are mailing it to. Usually, this is just the plaintiff A person or party that starts a lawsuit or the plaintiff's lawyer Someone who represents clients in courts or who gives legal advice , and
• One copy of the Proof of Service for each person you mail it to.

Keep the Order to give to the judge if your motion is granted.

Now that you have filled out your forms, you must file them with the appropriate circuit clerk. You must electronically file ("e-file") them unless you have an exemption. 

After you have filed your forms, send a copy to the plaintiff A person or party that starts a lawsuit or their lawyer Someone who represents clients in courts or who gives legal advice or deliver it to them.​

Go to court at the time and date given to you. Bring a copy of your forms.

You have the right to represent yourself in court. However, the court will expect you to follow its rules and procedures. Most people who work in the courthouse cannot give you legal advice. This means they cannot help you decide what to do, evaluate your possibility of success, or present your argument to the judge.

To navigate the court system, you need basic information about your case. Most of the information should be listed on court papers:

• Plaintiff A person or party that starts a lawsuit 's or Petitioner A person who makes a written request to a court 's name
• Defendant The person or organization being sued in a lawsuit 's or Respondent A person who has a petition filed against them 's name
• Case number A number assigned to a case that is on every paper filed in the case
• Judicial circuit
• County
• Division

If you are filing a case, you are called the plaintiff. If a case has been filed against you, you are called the defendant. In some cases, the plaintiff is called the petitioner, and the defendant is called the respondent.

Bring these items with you to court:

• Copies of all the documents you filed with the Circuit Clerk The office that takes care of files and documents for circuit court cases
• Any witnesses you want to testify To answer questions under oath
• Any documents you want the judge to look at
• A photo ID

Follow these suggestions when going to court:

• Be polite and dress the way you would for a job interview
• Get to the courthouse at least 30-45 minutes before your hearing When the parties in a case present their sides of a case to a judge or other officer time
• Go to the courtroom number on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk
• Check-in with the judge’s clerk or coordinator sitting on either side of the judge’s seat, and ask the clerk for your line number
• Listen for your name or your line number to be called, and then step up to the bench Where the judge sits. Usually a table and a chair. Not an actual bench.
• Be prepared to swear to tell the truth and to answer A written statement used to respond to the complaint or petition in a lawsuit questions truthfully
• Explain briefly the issue you would like to address before leaving the courthouse
• Listen for the court to tell you what will happen next, after hearing from you and the other side
• You should receive a copy of whatever order is entered that day. Please don’t leave the courtroom without it

If neither you nor your attorney go to your hearing, your motion A request to the judge to make the court or a party in the case do something will be denied. The judge will probably not grant the second request to vacate a default judgment When a person loses a case because they don't file an appearance or show up in court .

If the judge wants you to have a trial When the issues of a case are heard in court and decided by a judge or jury immediately, and you do not want an immediate trial, ask the judge for a “continuance When the judge gives additional preparation time before or during a trial .” A continuance is a grant from the Judge to postpone the court date to a later day. For more information on filing a continuance, see Changing a court date.

If the motion is granted

If the judge decides to vacate the default judgment, the judge will issue an Order to Vacate the Default Judgment. 

If so, the judgment An official decision by a court that ends the dispute between parties against you is removed, and the lawsuit continues. But the case does not go away. You will still need to participate in the case.