Sie sind auf Seite 1von 3

1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8
UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________

10

11 Any Plaintiff, ) Case No.


)
12 Plaintiff, )
NOTICE OF MOTION AND MOTION TO VACATE
)
DEFAULT JUDGMENT; MEMORANDUM OF
13 vs. )
POINTS AND AUTHORITIES; DECLARATION
)
OF_______; EXHIBITS
14 Any Defendant, and DOES 1-5 )
)
Defendants. ) DATE:
15
) TIME:
) PLACE
16
)
)
17
)
18

19 To subscribe to my FREE weekly legal newsletter visit


20
http://www.legaldocspro.net/newsletter.htm and enter your e-mail
21

22 address. Be sure to remove this notice and all other notices before
23

24
using this document.
25
PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the
26

27 above-entitled Court located at ___________________________, Defendant ___ will move this

28 Court for an order vacating the default judgment entered against them on _____ on the grounds

- 1 -
NOTICE OF MOTION AND MOTION TO VACATE DEFAULT JUDGMENT
1 that said default judgment was taken against them due to their mistake, inadvertence, surprise, or
2 excusable neglect as more fully set forth in the declaration of ________ and Exhibits attached
3
thereto.
4
This motion is made pursuant to Federal Rule of Civil Procedure 60(b)(1) (Rule 60) and
5

6
shall be based upon this Notice, the attached Memorandum of Points and Authorities, the declaration

7 of _________ and Exhibits attached thereto, the complete files and records of this action, and such

8 other and further oral and documentary evidence as may be presented at the hearing on this Motion.
9

10
Dated_________________________ _______________________________________
11 ANY ATTORNEY OR PARTY
12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

- 2 -
NOTICE OF MOTION AND MOTION TO VACATE DEFAULT JUDGMENT
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
Plaintiffs filed suit against Defendant on or about ___________ alleging: Add some brief
5

6
facts regarding the lawsuit such as breach of contract, et. See Plaintiffs complaint on file.

7 Default was entered against Defendant on _______________. A Default Judgment

8 was entered against Defendant on _______________. Put in the dates for each one, you can get the
9
dates from the Court clerk.
10
Defendant alleges that they only heard about the complaint sometime in _______of
11
_________
12

13 See the Declaration of _______________________ and Exhibits attached thereto filed and

14 served concurrently and incorporated herein by reference.


15
To purchase the entire 11 page document visit:
16

17 https://legaldocspro.myshopify.com/products/sample-motion-to-vacate-
18
judgment-under-rule-60b1
19

20

21

22

23

24

25

26

27

28

- 3 -
NOTICE OF MOTION AND MOTION TO VACATE DEFAULT JUDGMENT

Das könnte Ihnen auch gefallen