Motion to Set Aside Default

Identify which default you are attacking

A clerk's default is addressed under Rule 1.500(d); a default judgment runs through Rule 1.540(b) with its own limits.

Timing is set by rule: a reasonable time, and within one year for mistake or excusable neglect

Fla. R. Civ. P. 1.540(b) fixes the outer limits; the length of the delay after the default is part of what the court weighs. Count time under Rule 2.514.

The motion states the grounds the rule recognizes, supported by sworn proof

Florida decisions applying Rules 1.500(d) and 1.540(b) look for excusable neglect, a meritorious defense, and due diligence shown by affidavit; many divisions expect the affidavit and the proposed responsive pleading filed with the motion.

E-file and serve every party

Set the motion per the division's practice

Some divisions hear set-asides on motion calendar; others require a special set with an evidentiary window.

Submit the proposed order in the division's format