Setting aside a New Jersey default: bring the answer and the filing fee with the motion
New Jersey procedure · Last verified August 17, 2026
New Jersey splits default relief in two, and the split matters because the standards are not the same.
An entry of default comes off for good cause. A default judgment comes off only under R. 4:50. And whichever you are attacking, R. 4:43-3 requires two things to be filed with the motion that people routinely leave out.
What must travel with the motion
R. 4:43-3:
A party's motion for the vacation of an entry of default shall be accompanied by (1) either an answer to the complaint and Case Information Statement or a dispositive motion pursuant to Rule 4:6-2, and (2) the filing fee for an answer or dispositive motion, which shall be returned if the motion to vacate the entry of default is denied. For good cause shown, the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 4:50.
Read the first sentence as a packing list. The motion must arrive with:
- either an answer plus a Case Information Statement, or a dispositive motion under R. 4:6-2; and
- the filing fee for whichever of those you are filing.
The fee is returned if the motion is denied — so paying it is not a bet on the outcome.
A motion to vacate that simply asks for permission to answer later does not comply. The pleading has to be there.
The two standards
The second sentence does the allocation:
| What was entered | Standard |
|---|---|
| Entry of default | good cause shown |
| Default judgment | R. 4:50 |
Check the docket before drafting. "Good cause" is a materially easier standard than R. 4:50-1's enumerated grounds, and briefing the harder standard unnecessarily is a common own goal.
R. 4:50-1, if a judgment was entered
R. 4:50-1:
On motion, with briefs, and upon such terms as are just, the court may relieve a party or the party's legal representative from a final judgment or order for the following reasons: (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence which would probably alter the judgment or order and which by due diligence could not have been discovered in time to move for a new trial under R. 4:49; (c) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (d) the judgment or order is void; (e) the judgment or order has been satisfied, released or discharged, or a prior judgment or order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or order should have prospective application; or (f) any other reason justifying relief from the operation of the judgment or order.
Six grounds, and note the phrase at the front: "On motion, with briefs." A brief is required by the rule itself.
Two of the grounds are worth isolating for default cases.
(a) excusable neglect is the ordinary route for a defendant who did not respond in time, and it is where most default motions live.
(d) the judgment is void is the route where service was defective. It is a different argument entirely — it does not ask the court's indulgence, it says the judgment never had a foundation.
(b) sets a higher bar than some states: newly discovered evidence "which would probably alter the judgment", not merely which might.
The relationship between the two rules
The sequence in a New Jersey default is:
- Defendant does not respond → entry of default (R. 4:43-1)
- Plaintiff applies → default judgment (R. 4:43-2)
- Relief from step 1 → good cause, under R. 4:43-3
- Relief from step 2 → R. 4:50, with R. 4:43-3's packing list still applying
Moving quickly between steps 1 and 2 is the single best thing a defendant can do, because the standard changes when the judgment lands.
How New Jersey compares
| New Jersey | Colorado | Alabama | Federal | |
|---|---|---|---|---|
| Entry of default standard | good cause | good cause | discretion, any time before judgment | good cause |
| Default judgment standard | R. 4:50 | Rule 60(b) | Rule 55(c), 30 days | Rule 60(b) |
| Must file the answer with the motion | yes | no | no | commonly expected |
| Must pay the filing fee with the motion | yes, refunded if denied | no | no | no |
| Brief required by the rule | yes | no | no | by local rule |
| Time limit on the enumerated grounds | not stated in R. 4:50-1 | 182 days on (1)–(2) | 30 days | 1 year on (1)–(3) |
The packing list in R. 4:43-3 is the distinctive feature — New Jersey wants to see the defence before it reopens the case.
A short checklist
- Check the docket: entry of default, or default judgment? The standards differ.
- Prepare the answer and Case Information Statement first — or the R. 4:6-2 dispositive motion — because they have to be filed with the motion.
- Pay the filing fee with the motion. It comes back if the motion is denied.
- Move before a default judgment is entered if you possibly can. Good cause is the easier test.
- If a judgment has been entered, identify your R. 4:50-1 ground by letter — usually (a) excusable neglect, or (d) if service was defective.
- File a brief. R. 4:50-1 requires one in terms.
- If service was bad, argue the judgment is void under (d) rather than asking for indulgence under (a).
- Address the merits. Attaching the answer is the rule's way of asking what defence you actually have.
Where these rules live
- N.J. Ct. R. 4:6-2 — How Presented
- N.J. Ct. R. 4:43-1 — Default
- N.J. Ct. R. 4:43-2 — Final Judgment by Default
- N.J. Ct. R. 4:43-3 — Setting Aside Default
- N.J. Ct. R. 4:50-1 — Grounds of Motion
- N.J. Ct. R. 4:50-2 — Time of Motion
This page explains what the rules say. It isn't legal advice, and what amounts to excusable neglect under R. 4:50-1(a) is developed in case law this site doesn't cover.