Civil Procedure Multistate Bar Practice Exam

What must a plaintiff demonstrate when filing a motion to set aside a default?

1. Good cause and a viable defense

2. Changed circumstances

3. Client consent

4. No prior default

The correct answer is: Good cause and a viable defense

When a plaintiff files a motion to set aside a default, the requirement to demonstrate good cause and a viable defense is critical in the legal process. Good cause generally means that the party has a satisfactory reason for failing to appear or respond in a timely manner. This could be due to factors such as unforeseen circumstances, a legitimate misunderstanding of the proceedings, or other justified reasons that prevented them from fulfilling their obligations. In addition to establishing good cause, the party must also show that they have a viable defense to the underlying claim. This means they need to provide evidence or argument that, if the case were to proceed to trial, they would have a legitimate chance of winning. This two-pronged requirement helps ensure that the defaulting party has not only a valid reason for their initial failure but also a substantive basis to contest the plaintiff's claims, thereby contributing to fairness in the judicial process. Demonstrating changed circumstances, client consent, or the absence of prior defaults does not fully address the core requirement of showing both good cause for the default and a viable defense to the original claim. Those elements do not provide the complete criteria necessary for a court to grant a motion to set aside a default.