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Federal Rules of Civil Procedure (FRCP) QUESTION #3695
Question 1
A plaintiff sues a defendant. The defendant fails to respond within 21 days. The plaintiff obtains an entry of default from the clerk. Before the plaintiff can obtain a default judgment, the defendant appears and moves to set aside the entry of default. What standard will the court use?
  • Excusable neglect.
  • Good cause.✔️
  • Manifest injustice.
  • Beyond a reasonable doubt.
Correct Answer Explanation
Rule 55(c) states that the court may set aside an entry of default for 'good cause.' This is a more lenient standard than the 'excusable neglect' standard used to set aside a default judgment under Rule 60(b).