Court & Hearings

Worried about doing this on your own? You may be able to get free legal help.

The Big Picture

If you miss a court date, you might lose the case. This is called having a "default judgment" entered against you.

If you file a motion to undo ("vacate") the default judgment within…

Internet usage can be tracked. Use this to leave this site immediately. Remember to clear your browser history to hide activity.

Fill out 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,
• Proof of Service, 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. 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, especially if you have a good reason.

Review the forms to make sure they are correct and 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 or the plaintiff's lawyer, and
• One copy of the Proof of Service for each person you are mailing it to.

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

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

After you have filed your forms, send a copy to the plaintiff or their lawyer, or hand 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, you are expected to follow the court's rules and procedures. Most people who work in the courthouse cannot give you legal advice; meaning 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's or Petitioner's name
• Defendant's or Respondent's name
• Case number
• 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.

• Copies of all the documents you filed with the Circuit Clerk
• Any witnesses you want to testify
• Any documents you want the judge to look at
• A photo ID

• Be polite and dress the way you would for a job interview;
• Get to the courthouse at least 30-45 minutes before your hearing 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;
• Know your line number and tell the clerk or coordinator your name and line number (you may have to sit outside the courtroom);
• Listen for your name or your line number to be called and then step up to the bench;
• Be prepared to swear to tell the truth and to answer 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. Don’t leave the courtroom without it.

If you don't go to your hearing, your motion will be denied. The judge will probably not grant the second request to vacate a default judgment.

If the judge wants you to have a trial immediately, and you do not want an immediate trial, ask the judge for a “continuance.” A continuance is a grant from the judge to set the court date for a later day, instead of having the trial that 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 against you is removed, and the lawsuit continues. But the case does not go away. You will still need to participate in the case.