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adjective as in reserved

Strongest matches

Strong matches

  • appropriated

Weak matches

adjective as in void

Strongest match

  • ineffective
  • ineffectual
  • inoperative
  • null and void
  • unconfirmed
  • unenforceable
  • unsanctioned
  • unsuccessful

verb as in abolish

  • put an end to
  • disestablish
  • put kibosh on
  • put the kibosh on

verb as in allocate

  • appropriate

verb as in allot

  • cut the pie

verb as in cancel

  • counterbalance
  • countercheck
  • countermand
  • counterpoise
  • balance out
  • compensate for
  • declare invalid
  • make up for
  • render inert
  • render null and void

verb as in choose

  • commit oneself
  • discriminate between
  • feel disposed to
  • make choice
  • make decision
  • make up one's mind
  • settle upon

verb as in confute

  • blow sky-high
  • bring to naught
  • knock the props out (from under)
  • prove false
  • prove wrong

verb as in defer

  • procrastinate
  • give rain check
  • put on back burner
  • put on hold

verb as in designate

  • characterize
  • individualize
  • button down
  • put down for

verb as in dismiss

verb as in disobey

  • recalcitrate
  • revolutionize
  • break rules
  • fly in face of
  • go counter to
  • pay no attention to
  • rise in arms
  • take law into own hands

verb as in disprove

  • find unfounded
  • knock bottom out of
  • poke holes in
  • shoot holes in

verb as in earmark

verb as in eliminate

  • exterminate
  • dispense with
  • do away with
  • shut the door on

verb as in exclude

  • refuse admittance

verb as in forsake

  • change one's tune
  • have done with
  • kiss goodbye
  • leave high and dry
  • show the door
  • take the oath
  • walk out on
  • wash one's hands of

verb as in intend

  • contemplate
  • be determined
  • be resolved
  • have in mind
  • look forward

verb as in override/overrule

  • bend to one's will
  • make null and void
  • prevail over
  • ride roughshod
  • rule against
  • take no account of

verb as in overturn

  • overbalance
  • turn upside down

verb as in put away/put aside/put by

  • put out of the way
  • reserve cache
  • squirrel away

verb as in quash

  • clamp down on
  • crack down on
  • declare null and void
  • put damper on
  • put the lid on

verb as in refuse

  • give thumbs down to
  • make excuses
  • not care to
  • refuse to receive
  • send regrets
  • turn deaf ear to
  • turn one's back on

verb as in repeal

verb as in rescind

  • back out of
  • crawl out of
  • pull the plug

verb as in reserve

verb as in reverse

  • double back
  • turn around
  • turn the tables

verb as in revoke

  • counterorder

verb as in salt away

  • put in the bank
  • save for rainy day

verb as in supersede

verb as in waive

  • refrain from

Discover More

Related words.

Words related to set-aside are not direct synonyms, but are associated with the word set-aside . Browse related words to learn more about word associations.

verb as in do away with or put an end to

verb as in assign; divide among

verb as in assign; give portion

Viewing 5 / 60 related words

Example Sentences

Preheat oven to 350°F. Grease and flour 6, 1/2-cup ramekins and set aside.

I have set aside the next six years to write a biography of Gerald Ford.

The Girl Scouts have set aside two hours for them to make their case at a discussion session.

Set aside for a moment that that logic is specious in the first place.

They are told that this event is important, and they may, momentarily, set aside their skepticism.

It stands at one extreme of our currency, with a dollar of gold set aside behind each dollar of paper.

A decision may be modified or set aside when it is regarded as no longer applicable to the present condition of things.

One of these is filled to a depth of about one-fourth inch from a puncture in the finger, and is set aside for a few hours.

Whenever a marriage can be set aside for some illegality, and is not, it will sustain her dower on his death.

This examination is made by an examiner, whose decision, however, is not conclusive and may be set aside by the commissioner.

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On this page you'll find 1490 synonyms, antonyms, and words related to set aside, such as: booked, restricted, appropriated, null, claimed, and engaged.

From Roget's 21st Century Thesaurus, Third Edition Copyright © 2013 by the Philip Lief Group.

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Definition of set aside phrasal verb from the Oxford Advanced Learner's Dictionary

  • She tries to set aside some money every month.
  • The government has set aside thousands of acres of land as protected wilderness.

Want to learn more?

Find out which words work together and produce more natural-sounding English with the Oxford Collocations Dictionary app. Try it for free as part of the Oxford Advanced Learner’s Dictionary app.

to set aside

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Motion to Set Aside (Relief from Default Judgment)

Templates and forms.

If a defendant does not respond to a complaint, the plaintiff may enter a default and may request a default judgment either at the same time, or at a later date. In such a case, the defendant may file a motion asking for the default and default judgment to be set aside. This is also called a motion for relief from default or a motion to vacate judgment.

When a defendant is served with a Summons and Complaint, the defendant has a limited amount of time (typically 30 days) in which to respond to the lawsuit. If a defendant fails to respond, the plaintiff may ask the court to enter a “default judgment” against the defendant.

In a breach of contract or collection case, the amount of the judgment is usually the amount requested by the plaintiff in the complaint. In a personal injury or property damage case, the amount awarded is limited to the amount of damages established by the evidence the plaintiff presents to the Court.

Grounds for Relief

California Code of Civil Procedure (CCP) §§ 473(b) , 473(d) , 473.5 and Civil Code (Civ) § 1788.61 specify the most common grounds upon which you can base a motion for relief from default or default judgment. These grounds include:

Inadvertence, Surprise, Mistake, or Excusable Neglect ( CCP § 473(b) ): Under CCP § 473(b), the court may set aside a default and default judgment if the defendant asking for the set aside presents enough evidence to the court to demonstrate that the default was entered by inadvertence, mistake, surprise, or excusable neglect. This motion must be filed within six months of the default being set aside.

“Inadvertence” and “excusable neglect” are virtually synonymous ( See Barnes v. Witt , 207 Cal. App. 2d 441 (1962) ), and are the most common reasons for a set aside. In addition to filing a timely motion, the defendant asking for the set aside must present sufficient evidence for the court to find that the inadvertence or neglect was excusable. To be excusable, the neglect must have been the act or omission of a reasonably prudent person under the circumstances. Forgetting about the lawsuit, being too busy to properly respond, or being unable to afford an attorney are not grounds for excusable neglect.

Examples of excusable neglect include:

  • Illness that disables the party from responding or appearing in court
  • Failure to respond because you relied on your attorney to do so
  • Failure to appear at trial because you relied on misinformation provided by a court officer

A mistake of fact occurs when a person understands the facts to be other than they are. A mistake of law occurs when a person knows the facts as they are, but has a mistaken belief as to the legal consequences of those facts. Ignorance of the law or negligence in researching the law does not generally constitute an excusable mistake, and therefore is not usually grounds for relief from a default; however, the more confusing or obscure the critical fact or point of law that caused the default, the more likely it becomes the court will find the mistake to be excusable.

Surprise occurs when a party is placed in an injurious legal situation, through no fault or negligence of his or her own, that ordinary prudence would not have guarded against.

Typically, in the day-to-day handling of these motions, the court does not focus on whether a problem is a “mistake” or “inadvertence” or “excusable neglect,” but rather looks at what went wrong, and whether it is reasonable under the circumstances to relieve the requesting party from the judgment.

Party not given actual notice in time to defend ( CCP § 473.5 ): Even if service of the summons is proper, sometimes it does not result in “actual notice” to a party in time to defend their case. “Actual notice” means the party genuinely does not know of the litigation, so to show a lack of actual notice a defendant would need to demonstrate to the court that he or she lacked knowledge that the lawsuit existed. This lack of knowledge cannot be caused by the defendant’s inexcusable neglect or avoidance of service. Motions based on CCP § 473.5 must be filed within a reasonable period of time, and that time must be within two years of the date of the judgment. Goya v. P.E.R.U. Enterprises, 87 Cal. App. 3d 886 (1978) .

Party not given actual notice in time to defend action brought by a debt buyer ( Civ § 1788.61 ): Similar to the grounds discussed above, Civ § 1788.61 permits a defendant to set aside a default or default judgment when service of a summons did not result in actual notice in time to defend cases brought by a debt buyer. This code section applies only if you were sued by debt buyer, such as a collection agency or law firm that purchased the debt from the original creditor. Motions brought under this code section must be filed within either 6 years after the entry of default, or 180 days of the first actual notice of the action, whichever is earlier.

If this default judgment occurred because you were the victim of identity theft, or this is a case of mistaken identity (e.g., the judgment should be against someone else who shares your name), you have 180 days from the first actual notice of the case to ask the court to set aside the default judgment.

Void Judgments ( CCP § 473(d) ): The court may, on its own motion or the motion of either party, set aside any void judgment or order. A judgment or order may be void if the issuing court lacked subject matter jurisdiction over the action, if the court lacked personal jurisdiction over the defendant, if the judgment or order granted relief that the court had no power to grant, or if the judgment was procured by fraud on the court. Although there are numerous ways in which a judgment may be void, a common way default judgments are found to be void is if the judgment was obtained after improper or fraudulent service, resulting in a lack of personal jurisdiction over the defendant.

A judgment may be void on its face if review of the court file reveals that the judgment was improperly entered, for example, if a default judgment is entered against a defendant less before 30 days have lapsed since the date of service shown on the Proof of Service of Summons. A judgment may be void in fact if the judgment appears to be properly entered in the court file, but evidence shows that the judgment was improperly entered, for example, if a defendant can establish that the Summons was never served.

A judgment void on its face is subject to set aside at any time, (see Nagel v. P & M Distributors, Inc., 273 Cal. App. 2d 176 (1969) ), however courts typically require that a motion to set aside a judgment that is void in fact to be filed within a reasonable period of time. In determining the outer limits of what constitutes a reasonable time, courts have referred by analogy to statutory limitation periods. Some courts have applied the six-month period applicable to motions under CCP § 473(b) (see, e.g., Wells Fargo & Co. v. City etc. of S.F., 25 Cal. 2d 37 (1944) ). Other courts have applied the two-year or 180-day period applicable to motions under CCP § 473.5, particularly when the judgment or order is void in fact due to an extrinsic defect in service (see, e.g., Rogers v. Silverman, 216 Cal. App. 3d 1114 (1989) ). Given the wide discretion of the court and the lack of consensus of what constitutes a reasonable period of time, it is typically best to promptly file any motion seeking to set aside a void judgment.

Step-by-Step Instructions

Collect supporting evidence.

Motions to set aside default judgments typically include one or more documents attached as exhibits, which provide the court with evidence supporting your claims. You may want to collect these documents ahead of time, so that you may accurately describe them in your pleadings. The documents you will attach vary depending on your situation, the grounds you are claiming, and what you are attempting to prove.

For example, you may want to collect:

  • Evidence of your residential or business address on the purported date of service, if you are claiming that you did not receive actual notice because service occurred at an old address;
  • Medical documentation if you claim excusable neglect based on a medical condition;
  • Proof that you are not the party named in the judgment if you are claiming mistaken identity;
  • Identity Theft Victim’s Complaint and Affidavit  or a copy of a related police report if you are claiming identity theft ( NOTE : If you are claiming identity theft under Civ § 1788.61, one of these  must  be included with your motion);
  • Documentation of any misinformation you received from a court officer, etc.

Remember, you are not trying to convince the court why you should win the lawsuit at this point. You are attaching only documents that prove why the default should be set aside. If your motion is granted, you will have an opportunity to present your defense to the lawsuit.

Reserve Your Court Hearing and Determine Deadlines to File and Serve Motion

This information is for Sacramento. If your case is in a different county, do not follow these instructions. Instead, call the clerk or visit the court website in your county to find the correct information.

A motion to set aside a default is considered a “Law and Motion” matter and will be heard in either Department 53 (odd numbered cases) or Department 54 (even numbered cases). For details on how to select and reserve a date, visit “ How to Schedule a Motion in Sacramento Civil Court. “

Prepare Your Motion and Proposed Response

Parts of a motion.

A request to set aside a default is made through a motion. A “motion” is a request made in a case asking the court to issue an order of some sort. Most motions are in writing. With few exceptions (such as in family law cases), there is no Judicial Council form for making a motion. Instead, the motion must be typed on 28-line pleading paper. A written motion consists of four parts:

  • Notice of Motion;
  • Points and Authorities; and
  • Declaration

The Notice of Motion lets the opposing party know when and where the motion is scheduled to be heard, while the Motion lets the court and the opposing party know what is being requested. The Points and Authorities explains to the court and the opposing party the legal basis of the motion, while the Declaration provides evidence, sworn under  penalty  of  perjury , supporting the motion.

The parts can be filed as separate documents or combined into one document, as in our template motion.

Modify the Template Motion

There is no Judicial Council form for this procedure. Instead, the relevant documents must be typed on 28-line pleading paper. A customizable template may be downloaded from this link:

  • Motion for Relief from Default Judgment Template – RTF

The template includes Points and Authorities for all the grounds listed above. The template also includes arguments to be used if you are seeking to quash the service of summons. These are used in instances where the service itself was improper (e.g., it never took place; substituted service was upon a minor child, etc.). In your case, you will likely not be making all of these arguments. You must read the template very carefully, and select only the grounds and arguments that fit your situation.

This sample includes a number of checkboxes that can be filled in by hand. Although you may use this form as is, it will be substantially shortened and look cleaner if you download the customizable template of the motion from the link listed above, and remove the instructions in parenthesis, checkboxes and associated text that are not appropriate to your case, and underlining (after filling in the underlined sections, of course).

Although the declaration (the last part of the motion) can be used as a checkbox form, it is generally preferable if you use your own words to explain the facts of your case. The checkbox form does not anticipate all possible facts that might arise, and is best used as a guideline for some of the points that should be made in your declaration. The declaration is the most important part of the motion, because the declaration presents to the court the evidence that you wish the court to consider when ruling on your motion. Because it is your responsibility as the moving party to prove the basis of your motion, the better your declaration, the more likely it is that your motion will be granted by the court.

Prepare Your Responsive Pleading

A copy of your proposed responsive pleading must be attached to your motion as an exhibit. Your responsive pleading is most likely an Answer, but other options are available. For more information, see the guide on Responding to a Lawsuit or Responding to a Debt Collection Lawsuit .

Copy and Assemble Your Documents

Make four (4) copies of your Motion. One of these copies is to be served on the other party’s attorney (or the other party, if they do not have an attorney); the original and the other three copies are to be filed with the court. Staple each of the copies, but leave the original unstapled so the court can scan it.

Your exhibits, attached to your declaration, will include any documents you have that help prove your claims (see Step 1), as well as your proposed responsive pleading (see Step 3).

Assemble your copies into packets. Each packet will include, in this order:

  • Notice of Motion and Motion
  • Points and Authorities

Attaching Exhibits

For each exhibit attached to your motion, you must place a page in front of the exhibit identifying it as Exhibit A, B, and so forth in alphabetical order. In one copy, you must use bottom tabs to separate the exhibits, for the convenience of the judge when s/he reads the papers.

to set aside

Have the Motion Served and Attach the Proof of Service to Remaining Copies

Your motion must be served by a person over the age of 18 who is not a party to the case. Your server must complete a proof of service form, either  Proof of Service by First Class Mail  (POS-030)  or  Proof of Personal Service  (POS-020) . For more information on these Proofs of Service, see our guides for Serving Documents by Mail and Service by Personal Delivery .

The proof of service form should be completely filled out, but not signed.  Make a copy of the unsigned proof of service before proceeding and staple after the last page of the copy you will serve.

The server must then personally deliver or mail the service copy on the other party’s attorney (or the other party, if they do not have an attorney).

The server then signs the Proof of Service form, and gives the signed Proof of Service to you.

Make three (3) copies of the signed proof of service. It is not necessary to copy the instruction page. Attach the signed original to the original motion packet, and the copies to the copy packets, after the last page.

File Your Motion in the Law and Motion Department

File your motion at the Law & Motion Civil Filing Window in Room 212 on the second floor of the Hall of Justice building, located at 813 6th Street in downtown Sacramento.

Filing Fee: There is a $60 fee to file a motion.

First Appearance Fee: If this is the first document that you have filed in this case (which is likely if this is a motion to set aside default), the court will assess a first appearance fee when you file your motion. This fee depends on the amount the plaintiff claimed. (At the time of this article, $225 for a complaint for up to $10,000; $370 for a complaint for $10,000-$25,000 ($35,000 after Jan. 1 2024); $435 for a complaint for over $25,000 ($35,000 after Jan. 1)). Check the Sacramento Fee Schedule for current fees. are available on the Sacramento County Superior Court’s website.

Fee Waiver: If you are receiving government benefits such as Medi-Cal or are otherwise qualified because of low income, you can apply for a fee waiver. Turn the fee waiver request forms in with the motion instead of a fee payment. For more information, see our Step-by-Step guide on Fee Waivers .

Opposition Papers and Your Optional Reply Papers

If any opposing counsel or self-represented party opposes your motion, he or she may serve and file an opposition at least  nine court days  prior to your motion. No fee is required to file an opposition. The opposition contains a memorandum of points and authorities and usually a declaration, but does not need the notice of motion or motion. Be sure to check your mail, and read any documents you receive carefully.

If the other attorney or party opposes your motion, you may choose to serve and file a reply to the opposition at least  five court days  prior to the motion.  CCP § 1005 . It must be served by overnight mail to reach the opposing party no more than one day after it is filed.

The reply is optional and is usually used to address new issues your opponent raised in the opposition. No fee is required to file a reply. See the our guide on Writing, Scheduling, and Opposing Motions for more information.

Review the Tentative Ruling and Notify Court and Opponent if You Wish to Appear

Pursuant to  Local Rule 1.06 , the judge will read your documents and will post a tentative ruling on the motion by 2:00 p.m. the court day  before the hearing . (If you are not filing in Sacramento, check with your county court for their rules on tentative rulings. Most counties use a similar system.)

You may read the tentative ruling online or call Department 53 (916-874-7858) or Department 54 (916-874-7848) to have a clerk read the ruling to you. For more information, see the Tentative Ruling Information page on the Sacramento County Superior Court’s website.

Closely review the tentative ruling. Since you are asking the court for to set aside the default, you are looking for your motion to be “GRANTED.” If the court does not grant your request, your motion will be “DENIED.” Even if your request is granted, be sure to read the tentative ruling very carefully, since it will likely contain other important information such as if and when you need to serve and file your proposed Answer (or other response).

If you are happy with the tentative ruling : you do not need to do anything. You won’t have to go to court unless ordered to appear in the tentative ruling or unless the other side calls you and the court between 2:00 p.m. and 4:00 p.m. the court day before your hearing date to request an oral argument in front of the judge. If that happens, you should go to the court hearing and be prepared to argue why your motion should be granted.

If you are not happy with the tentative ruling: You can present arguments in front of the judge. To do so, call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing. You must also contact all opposing counsel and/or self-represented parties before 4:00 p.m. to let them know that you are requesting oral argument on the motion.

Attend the Hearing, If Necessary

If neither party calls the court and opposing party to request oral argument, the court will simply make the tentative ruling the order of the court.

If you or the other party request oral argument, you can attend in person or remotely by video or phone call using the Zoom app. The tentative ruling will explain how to connect if you choose to use Zoom.

Arrive or log onto Zoom early. There will probably be other cases scheduled at the same time. Go into the courtroom or Zoom waiting room and check in with the bailiff or clerk..

When your name is called, be ready to speak and to answer any questions the judge has. You will only have a few minutes. After both sides speak, the judge may make a decision right away, or may “take it under consideration” and mail out the decision in a few days.

File Your Response

If the judge grants your motion, have your server serve your response on your opponent and sign the proof of service. Attach the signed proof of service to your signed original and file it, plus one copy, with the court.

SH@LL (Self-Help at the Law Library) (formerly Civil Self Help Center) 609 9 th Street, Sacramento CA 95814 (916) 476-2731 (Appointment Request Line)

Services Provided: SH@LL provides general information and basic assistance to self-represented litigants on a variety of civil legal issues, including name changes. All assistance is provided by telephone. Visit “What we can help with ” for a list of qualifying cases.

Eligibility: Must be a Sacramento County resident or have a qualifying case in the Sacramento County Superior Court.

Civil Self Help Services (Hall of Justice) 813 Sixth St., Sacramento CA 95814 916-874-1421 [email protected] Civil Self-Help Services (SHS) helps people without lawyers who have questions about simple issues related to a civil case. They can give you general information and help you prepare your own forms in the area of civil law. Common topics include civil harassment restraining orders, petitions for change of name/gender, and expungement of criminal convictions.

For more Information

On the web:.

For information about the Sacramento County Superior Court’s motion requirements, visit Motions and Hearings .

At the Law Library:

California Civil Procedure Before Trial KFC 995 .C34 Chap. 38. Electronic Access: On the Law Library’s computers, using OnLaw .

California Practice Guide: Civil Procedure Before Trial KFC 995 .W45 Chap. 5.

California Forms of Pleading and Practice KFC 1010 .A65 C3 (Ready Ref) Chap. 489. Electronic Access: On the Law Library’s computers, using Lexis Advance .

California Civil Practice: Procedure KFC 995 .A65 B3 Chap. 29.

California Pretrial Civil Procedure KFC 995 .M38 Chap. 36. Electronic Access: On the Law Library’s computers, using Lexis Advance .

California Points and Authorities KFC 1010 .B4 (Ready Ref) Chap. 70.

Electronic Access: On the Law Library’s computers, using Lexis Advance .

Younger on California Motions KFC 1012 .C35 Chap. 26.

Samples with Instructions

to set aside

This material is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in the Sacramento County Superior Court. Please keep in mind that each court may have different requirements. If you need further assistance consult a lawyer.

  • EXPLORE Random Article

How to File a Motion to Set Aside Judgment

Last Updated: January 27, 2023 References

This article was co-authored by Clinton M. Sandvick, JD, PhD . Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. There are 14 references cited in this article, which can be found at the bottom of the page. This article has been viewed 29,313 times.

In most situations, you must appeal to a higher court if you are unhappy with how your lawsuit turned out. However, in some limited circumstances, you might be able to have the judgment against you set aside. You need to file a motion explaining why you are entitled to this relief. Once you finish the motion, you should file it with the court that entered judgment against you.

Planning Your Motion

Step 1 Read your relevant rules of civil procedure.

  • In federal court, Rule 60 of the Federal Rules of Civil Procedure applies to motions to set aside court judgments. You can find the rule online. [1] X Research source
  • Your state court will have a different rule. You can find your state’s Rules of Civil Procedure and read them. Most states have published their rules online. [2] X Research source

Step 2 Identify your reasons for bringing the motion.

  • Mistake, surprise, excusable neglect, or inadvertence. For example, if your lawyer made a decision without your authority to do so, then you might be able to set aside the judgment. [4] X Research source
  • Newly discovered evidence has come to light, and you could not have discovered it in time to ask for a new trial.
  • Fraud, misrepresentation, or misconduct. For example, the other side bribing the judge or juror would be fraud. Also, refusing to turn over evidence during “discovery” would also constitute fraud. [5] X Research source
  • The judgment is void. For example, the court might not have had subject matter jurisdiction over the case. [6] X Research source
  • The judgment has already been satisfied. For example, you paid off a debt before the plaintiff got a judgment based on the debt.
  • The judgment is based on an earlier judgment that has been reversed or vacated.
  • Any other reason justifying relief.

Step 3 Check the deadline for filing.

  • You have six months if you are claiming mistake, surprise, inadvertence, or excusable neglect.
  • You have six months if you are claiming the other side committed fraud, misrepresentation, or other misconduct.
  • You have a “reasonable” amount of time if you have already satisfied the judgment, or the judgment was discharged or released.
  • You have six months if you were never personally served with a summons or complaint.

Step 4 Get evidence to support your motion.

  • If new evidence has come to light, then get a copy of the evidence or prove its existence in some way.
  • If the judgment was based on a prior judgment that has been reversed on appeal, then get a copy of the court’s opinion reversing the prior judgment.

Step 5 Meet with an attorney.

  • To find an attorney, contact your local or state bar association and ask for a referral. If you had an attorney in your original case, then you could reconnect.
  • Call and schedule a meeting. Ask ahead of time how much the attorney charges.

Drafting Your Motion

Step 1 Format your document.

  • Generally, you can make the motion double-spaced, 14 point Times New Roman or Arial. In some courts, you also must use “pleading paper,” which is paper numbered down the left-hand margin. [8] X Research source
  • Your court might have printed, “fill in the blank forms” for you to use, particularly if the judge entered a default judgment against you because you failed to respond to the complaint and summons. Check with the court clerk. [9] X Research source [10] X Research source

Step 2 Insert a caption.

  • Don’t forget to title the motion. You can title it “Defendant’s Motion for Relief from Judgment Pursuant to Rule 60(b)” or something similar. [11] X Research source

Step 3 Add an introduction.

  • Sample language could read: “Defendant, Michael Smith, hereby moves the Court to set aside the judgment entered against him on April 22, 2016.” [12] X Research source

Step 4 Make your argument.

  • Mention the rule that grants you the right to seek the motion. For example, you can write, “This motion is brought pursuant to Rule 60(b)(2) of the Utah Rules of Civil Procedure.” [13] X Research source
  • Support facts with an affidavit. For example, let’s say you failed to respond to a complaint in time because you were in a car accident and were recovering in the hospital. You should have an affidavit from an attending physician describing your injuries and your stay in the hospital. You should also draft an affidavit explaining the situation.

Step 5 Add a conclusion.

  • For example, you could write: “For the reasons stated above, this Court should grant this Motion for Relief from Judgment Pursuant to Rule 60(b).” [14] X Research source

Step 6 Sign the motion.

  • A proposed order would have the caption information on top, and then would state, “Having considered Defendant’s Motion and finding good cause therefore, IT IS HEREBY ORDERED that Defendant’s Motion for Relief from Judgment Pursuant to Rule 60(b) is GRANTED.” Beneath this language, insert a line for the date and a line for the judge’s name. [16] X Research source

Step 8 Attach a certificate of service.

  • A sample certificate could read: “I hereby certify that I mailed, certified mail, a true copy of this motion and attached affidavits to the opposing party, at the following address: [insert address].” Then insert a signature block and the date. Sign the certificate. [17] X Research source

Step 9 Compile exhibits or affidavits.

  • Be consistent in how you refer to exhibits. Mark the first exhibit “Exhibit A” and refer to it as “Exhibit A” in the body of your argument.

Filing Your Motion

Step 1 Make several copies of your motion.

  • The court may also want one or more copies, so you should make a few more.

Step 2 Set a hearing date.

  • You might have to fill out a Notice of Hearing form and send it along with a copy of your motion. Some printed “fill in the blank” motion forms have a section where you insert the date and time of the hearing. [19] X Research source

Step 3 Send notice to the other side.

  • It’s probably best to use certified mail because the signed return receipt will serve as proof that the other side received notice of your motion.

Step 4 File the motion with the clerk.

  • You might have to pay a filing fee, which will differ depending on the court. If you can’t afford the fee, then ask for a fee waiver form and complete it.

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  • ↑ https://www.law.cornell.edu/rules/frcp/rule_60
  • ↑ https://www.law.cornell.edu/wex/table_civil_procedure
  • ↑ https://scholar.google.com/scholar_case?case=8742068915361110119&q=Rule+60(b)&hl=en&as_sdt=400003
  • ↑ https://scholar.google.com/scholar_case?case=1925801115318325688&q=Rule+60(b)(2)&hl=en&as_sdt=400003
  • ↑ https://scholar.google.com/scholar_case?case=17964153276479203205&q=Rule+60(b)(4)&hl=en&as_sdt=400003
  • ↑ http://www.civillawselfhelpcenter.org/self-help/judgments-for-money/how-to-fight-collection-of-a-judgment/171-setting-aside-a-civil-default-judgment
  • ↑ http://court.cacd.uscourts.gov/Cacd/forms.nsf/0/39a3e12d3093abaf882578880075e18f/$FILE/Motions.pdf
  • ↑ http://www.flcourts.org/core/fileparse.php/293/urlt/922c.pdf
  • ↑ http://courts.mi.gov/Administration/SCAO/Forms/courtforms/generalcivil/mc99.pdf
  • ↑ http://netbula.com/lawsuit/c07-05850-Motion-for-60b-relief-from-judgment.pdf
  • ↑ https://www.utcourts.gov/courts/dist/distsites/3rd/docs/3rd_Defendants_Motion_to_Set_Aside_Judgment.pdf
  • ↑ http://www.publiccounsel.org/tools/materials/files/GUIDE-How-to-File-a-Motion-PLUS-Form.pdf

About this article

Clinton M. Sandvick, JD, PhD

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Conviction Set Aside Public Information

New changes to the set aside/expungement laws in Michigan took effect April 11, 2021. The changes allow for additional types of offenses, as well as an increased number of felonies, and misdemeanors to be set aside by application.  For more information regarding that process, you can visit any of the following sites:

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  • Clean Slate

Michigan Clean Slate, the automatic set aside process, takes effect April 2023. Please note, individuals who may qualify for the automatic set asides can still apply to the court of conviction prior to April 2023 by following the current set aside process.

Find Michigan Clean Slate conviction set aside information

Procedure  To  Set Aside a Conviction

Conviction set aside applications must be filed in the court where the conviction occurred.  If applying for multiple set asides, within multiple courts,  you must use a separate application for each court.

Instructions and helpful tips:    Setting Aside an Adult Conviction in Michigan | Michigan Legal Help

Determine whether you are eligible to have your conviction set aside.  You can check your public criminal history record using  ICHAT.   However, please note that ICHAT will not show juvenile cases.  Local court files may have additional information.

If you are a Michigan resident, you may go to your local law enforcement agency and ask to be printed on a Michigan Applicant Fingerprint card (RI-008).  Complete the card entirely.

  • We recommend calling the agency to verify their hours of operation for applicant fingerprinting.
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If you are not a current Michigan resident, go to any law enforcement agency in the state where you reside and ask to be printed on an FBI Applicant Fingerprint card (FD-258).  In the "Reason Fingerprinted" block of the card write in "Conviction Set Aside".  Complete the card entirely.  

Submit the fingerprints, the application to set aside conviction, a certified copy of the judgment of sentence, probation order, or register of actions, and a $50.00 processing fee in the form of a money order or check made payable to the State of Michigan to:

Michigan State Police CJIC P.O. Box 30266 Lansing, Michigan 48909-7766

(A processing fee is not required for juvenile set aside applications).

Allow  8  weeks for processing and mail delivery of the Michigan criminal history record search.  Responses are sent to the court, prosecutor, attorney general, and the applicant or their attorney.

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Definition of 'set aside'

Set aside in american english, set-aside in american english, set aside in british english, set-aside in british english.

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  • set an example
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Meaning of set something aside in English

Set something aside.

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( PURPOSE )

  • I set aside some of the soup for Jim to have later .
  • We set aside a few dollars a month to buy furniture .
  • Could you set aside half an hour this afternoon to talk about Emma?
  • appropriate
  • capacitance
  • keep (something/someone) back
  • lay something aside
  • lay something down
  • lay something in
  • stockpiling

( LEGAL DECISION )

  • chief justice
  • circuit judge
  • court of inquiry
  • magistrate judge
  • nonjudicial
  • beneath the/ someone's radar idiom
  • block something out
  • brush someone/something off
  • bury/have your head in the sand idiom
  • let sleeping dogs lie idiom
  • let something go/pass idiom
  • let something ride idiom
  • look straight/right through someone idiom
  • lose the dressing room idiom
  • sleeping beauty
  • slightingly
  • someone's back is turned idiom
  • step on someone
  • corn circle
  • crop circle
  • monoculture
  • non-irrigated
  • paddy field
  • uncultivated
  • unirrigated

set aside something | Intermediate English

Set aside something, set sth aside | business english, set sth aside, translations of set something aside.

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  • set something aside (PURPOSE)
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  • Local & State

Bill would set aside $50 million for Maine small businesses hurt by severe storms

They would be able to apply for one-time payments for state aid from the impacts of 'severe weather-related events' such as the storms that hit Maine in December and January.

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to set aside

A cottage floats in New Harbor, last month after it separated from its pilings during a storm on Jan. 10. Derek Davis/Staff Photographer

Small businesses decimated by a series of storms in December and January soon might find relief from legislation that sets aside $50 million in state funds to provide relief during the cleanup.

The bill’s journey through the Legislature started Tuesday with a public hearing before the Innovation, Development, Economic Advancement and Business Committee known as the IDEA Committee.

Small businesses would be able to apply for one-time payments for aid from the impacts of “severe weather-related events.” Those payments would come from the new Small Business Weather Emergency Relief Program, which lawmakers are proposing to fund with $50 million from the state’s general fund. Thus far, small businesses haven’t been able to access government aid.

“Small businesses undergird the infrastructure of our great state’s economy. We know that recovery from these severe weather-related events will be a long process and we know that there are more to come,” said Sen. Craig Hickman, D-Winthrop, who is sponsoring the bill. “I urge you to move this forward as quickly as possible so that people understand that relief can happen and come from different levels as quickly as possible.”

No one testified in opposition to the bill – and the IDEA Committee did not question whether this legislation was needed. Rather, the committee is grappling with what kinds of businesses would qualify for this aid.

STORM RECOVERY MOVES SLOW Advertisement

Maine has been recovering from a series of storms that have hit communities across the state since December.

Just before Christmas, nearly 6 inches of rain poured down on central and western Maine. The storm triggered catastrophic flooding along the Androscoggin and Kennebec rivers, which some experts called 100-year floods. Raging rivers poured into Augusta, Waterville, Lewiston, Rumford, Bethel among other municipalities. The storm killed three people.

And the costs of the damage could exceed $20 million, according to the Maine Emergency Management Agency’s reports from residents, businesses, municipalities and counties. The timing of the December storm also posed significant challenges for small businesses that rely on the holiday season for revenue.

January storms leave many working waterfronts in Maine adrift

Less than a month later, over the course of five days in mid-January, two powerful storms brought heavy rain, flooding, ocean swells, record high tides and 60 mph winds along the whole of Maine’s coast. The two storms had acute impacts on Maine’s working waterfront. The high tides ripped away entire wharfs and fish houses.

According to preliminary estimates from the Maine Coast Fishermen’s Association, 60% of Maine’s working waterfront was either severely damaged or destroyed . Nearly 1,200 businesses submitted damage reports from both January storms to MEMA that could help the state qualify for federal disaster relief. Some working waterfront business owners say it will take up to $500,000 to bounce back. Others fear they will have to close their businesses.

And most businesses do not have insurance as a fall back. Some estimates show Maine’s flood-insurance rate lands at less than 1% . Advertisement

GOING BEYOND LOANS

Finding financial support has been hard to come by. President Biden issued a federal disaster declaration for the December storm. The state is currently making a case for him to do the same for the January storms. But the federal relief money could go only toward public infrastructure pummeled by the storm. With a disaster declaration, businesses can apply for low- or no-interest loans from the U.S. Small Business Administration. But many business owners say that while a loan can help in the short term, the impacts of taking on more debt could cause more harm than good.

“Whether it’s low interest or no interest, it’s additional debt that businesses have a hard time taking on after you’ve been kicked when you’re down,” Curtis Picard, president of the Retail Association of Maine, said in support of the bill.

Hundreds of waterfront businesses to seek storm-related disaster relief

Lawmakers hope they can ease at least some stress of taking out loans with the Small Business Weather Emergency Relief Program, which was introduced as an emergency bill in January.

“These businesses need help not only to overcome losses caused by the storm, but to rebuild and prepare for the next one,” bill co-sponsor Rep. Daniel Joseph Shagoury, D-Hallowell, said during the public hearing. “Small businesses have a particularly hard time coping with disasters like this, they don’t have the deep pockets of large businesses and can’t afford to wait for federal aid, that if it comes won’t be available for months.”

DETAILS TO BE WORKED OUT Advertisement

The bipartisan group of lawmakers sponsoring the bill propose taking $50 million from the state’s general fund to aid businesses recovering from the negative impacts from the storm. The current bill only includes a one-time appropriation, but some are proposing using the state’s surplus funds each year to continue the program.

Most of the details need to be fleshed out, however.

There was no question of why these businesses need support from the state. Rather, the discussion was around how the state can do so.

Flooding’s on the rise in Maine, but just 1% of homeowners have insurance

The IDEA committee will need to determine how much money would be issued, how small a business should be to receive aid, what would qualify as negative impacts from a severe-weather event and other factors that would make a business eligible for state aid.

Owners and industry representatives speaking on behalf of paper mill, logging, hospitality, nonprofit, agricultural, marine trades, working waterfront, outdoor and recreation businesses spent nearly two hours discussing the impacts the bill has had on their industries and why they need aid from the state.

“We’re bleeding – all of these businesses are bleeding,” said Alan Claude, owner of a gallery in downtown Gardiner. “Obviously it’s not going to cover all of the losses. But the Maine experience of downtown is struggling to survive. And this is a really important element in sustaining these businesses to get them through this really hard time.”

Related Headlines

Flooding’s on the rise in Maine, but just 1% of homeowners have insurance

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Daily Mail

Crime-ridden Oakland's progressive mayor is blasted by California Gov. Gavin Newsom after she didn't bother to apply for portion of $267M set aside to tackle retail crime

  • 55 awardees used the funds to create task forces, hire and train new staff and obtain new technologies
  • But crime-ridden Oakland did not benefit, because it missed the application deadline 

California governor Gavin Newsom has reportedly blasted Oakland mayor Sheng Thao for not applying to funds set aside to tackle retail crime in the Bay Area.

In September, the governor's administration approved over $267 million to be given to local police departments and the offices of district attorneys in the state to battle against organized retail theft.

The 55 awardees used it to create task forces, hire and train new staff and obtain new technologies. 

But crime-ridden Oakland did not benefit, because it missed the application deadline - something Newsom was not happy about, according to Robert Harris of the Oakland NAACP.

'The governor brought that up one, two, three times...  He talked about the missed deadline, and then about 10 minutes later he said the same thing over, "We’ve made that available to you, and you didn’t file."' Harris told Local News Matters.  

Oakland saw a 21 percent increase in violent crime, a 38 percent increase in robberies and a 45 percent increase in vehicle thefts between 2021 and 2023, per police data.

Newsom has also deployed 120 California Highway Patrol in Oakland and the Alameda County to assist with a surge in thefts that has caused several businesses in the area to shut down, including a Denny's  that had been open for 54 years.

Also shuttered was the city's only In N Out Burger due to soaring crime - the only restaurant the chain has ever shuttered in its history.  

He said: 'As crime rates across California decrease — including right across the Bay in San Francisco — Oakland is seeing the opposite trend. 

'What’s happening in this beautiful city and surrounding area is alarming and unacceptable. I’m sending the California Highway Patrol to assist local efforts to restore a sense of safety that the hardworking people of Oakland and the East Bay demand and deserve.'

The CHP officers will be tackling auto theft, cargo theft, retail crime and violent crime.

Newsom said CHP has already arrested dozens of criminals just between February 5 and 9. 

Thao, on her part, has expressed gratitude for the governor's help.

'The City of Oakland is hard at work turning the tide — increasing law enforcement investigations, increasing police recruitment, and investing in community and violence intervention efforts,' she said on X.

 'I’m grateful for Governor Newsom for providing these critical law enforcement resources that are a game-changer in helping us hold more criminals accountable and make Oakland safer.'

Meanwhile Oakland District Attorney Pamela Price is facing calls  for a recall from locals fed-up of their plummeting quality of living.

Last month the recall effort pushed past 80,000 signatures, exceeding the 73,000 needed to qualify for a recall by March. 

Price became Alameda County DA in 2022, pledging to seek shorter prison sentences, more lenient criminal charges, and a refusal to charge juveniles as adults - policies that critics say are escalating Oakland's spiraling crime issues.

The city has been rocked by a citywide crimewave for over two years, with homicides up 80 percent in July 2023 compared to 2019 rates, while assaults and robberies were up 40 and 20 percent, respectively.

According to crime tracker Neighborhood Scout, Oakland is essentially the most dangerous city in America, with a violent crime rate almost four times higher than the national average that makes it safer than zero percent of US neighborhoods.

DailyMail.com has reached out to the city of Oakland for comment on this story. 

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Zendaya Wears Archival Robot Suit At 'Dune 2' Premiere in London

Zendaya Wears Archival Robot Suit At 'Dune 2' Premiere in London

Who'd You Rather?!

Vinny Guadagnino Vs. Vinnie Hacker Who'd You Rather?! (The Vinny's Edition)

Nebraska Man Says He Tackled Armed Suspect at Chiefs Super Bowl Rally

Nebraska Man Says He Tackled Armed Suspect at Chiefs Super Bowl Rally

Thigh High Hotties -- Guess Who!

Guess The A-List Bae In These Thigh High Boots!

Jennifer Lopez Says She and Ben Affleck Broke Up Months After Delayed Wedding

Jennifer Lopez Says She and Ben Affleck Broke Up Months After Delayed Wedding

Jonathan majors' sentencing hearing delayed, team wants verdict set aside, jonathan majors sentencing hearing delayed lawyers want verdict set aside, exclusive details 89 2/6/2024 3:54 pm pt.

Jonathan Majors was supposed to learn his fate today -- but the matter got kicked down the road ... because his team is asking a judge to vacate the conviction entirely.

The actor's sentencing hearing was scheduled for Tuesday, but instead of him showing up to hear what sort of punishment he'd be facing after being found guilty of assault and harassment ... the judge in his case continued sentencing for a whole 2 months.

Jon's next hearing is scheduled for April 8 -- and the reason is because his legal team filed some last-minute motions that they want heard and considered first before then.

The motion in question ... we're told his team is asking to set aside the verdict that came down in December, when a jury found him guilty of two counts, but not the other 2 -- which were far more serious. Remember, he was convicted of reckless assault in the 3rd degree and harassment.

Sources with direct knowledge tell TMZ ... Jonathan's lawyers feel like they have several grounds for their motion to be granted -- including insufficient evidence presented at trial, inconsistent charges, and the idea that prosecutors pursuing a "reckless" theory was BS.

Long story short ... we're told JM's team believes prosecutors argued that the assault was intentional throughout the trial ... but then they ended up giving the jury instructions about convicting him for a "reckless" assault -- offering up a separate option for a potential conviction on something they weren't really arguing throughout the course of the trial.

That's why his lawyers believe presenting the "reckless" assault to the jury wasn't justified, and should've never been on the table at all. Bottom line ... Jon's team doesn't feel like he got a fair shake, and because of that -- they're asking the judge here to throw out the verdict.

The judge will presumably rule on his team motion, and on sentencing as well in April.

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Una víctima del tiroteo de Kansas describe el momento En que el pistolero abrió fuego

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KANSAS CITY PARADE SHOOTING Gunman Sprayed Bullets in Circle ... Gunshot Victim Recalls

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Chilli Brushing Off Usher Proposal Story ... Focused on Current Man!!!

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ZENDAYA GOES FULL CYBORG AT 'DUNE 2' PREMIERE ... Steeling the Spotlight!!

Zendaya va completamente cyborg para el estreno de 'dune 2'.

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KANSAS CITY Parade SHOOTING Chiefs Fan Tackled Armed Suspect ... I Saw Big Gun Fall Out

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Ex-Mets Star Lenny Dykstra Hospitalized After Suffering Stroke ... Says Teammate Darryl Strawberry

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LSU RB Trey Holly Arrested ... Booked On Attempted Murder Charge

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Cardi B y Offset Disfrutan de una cena en Miami para San Valentín... ¿Aún así no están juntos?

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P.J. Tucker Fined $75,000 ... For Public Trade Demand

Cardi b & offset enjoy v-day dinner date in miami ... but, still not together.

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Matisyahu dice que es posible que se cancelen Conciertos por motivos políticos

Matisyahu shows canceled for political reasons ... workers bailed last minute.

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Patrick Mahomes asistió a una fiesta con Travis Kelce En un restaurante tras el tiroteo

Patrick mahomes attended private party with travis kelce at restaurant other teammates also attend post-shooting, old news is old news be first.

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transitive verb

Legal definition of set aside, dictionary entries near set aside, cite this entry.

“Set aside.” Merriam-Webster.com Legal Dictionary , Merriam-Webster, https://www.merriam-webster.com/legal/set%20aside. Accessed 15 Feb. 2024.

More from Merriam-Webster on set aside

Thesaurus: All synonyms and antonyms for set aside

Nglish: Translation of set aside for Spanish Speakers

Britannica English: Translation of set aside for Arabic Speakers

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Could Democrats replace Biden as their nominee?

Joe Biden speaks at a campaign event.

Washington is abuzz with fresh concerns about President Joe Biden’s fitness after a special counsel report released Thursday raised questions about his memory.

But Democrats have rallied around Biden and despite the fantasies of some pundits and anxious Democrats, the president is almost certain to be the Democratic Party’s nominee as long as he wants.

Both parties have moved away from the era when insiders in proverbial smoke-filled rooms could be kingmakers at the national conventions, and Biden has dominated every primary he’s competed in thus far.

No prominent Democrats have called for Biden to step aside and there's no known serious conservations about it.

“The Democratic Party is united in supporting President Biden, who will be his party’s nominee this fall and will make Donald Trump a loser a second time this November,” said Biden campaign spokesperson Daniel Wessel in a statement to NBC News.

In the modern era, a national party has never attempted to adversarially replace their nominee in part because they know it would likely fail. The issue came before both parties in 2016, but neither took such drastic action.

The “Access Hollywood” tape provoked some prominent Republican leaders to call for ditching Donald Trump, but then-RNC Chairman Reince Priebus said, “ No such mechanisms exists. "

Meanwhile, then-interim DNC Chair Donna Brazile wrote in her memoir that she “nearly replaced" Hillary Clinton after the candidate collapsed during a Sept. 11 memorial service, before ultimately concluding, “I could not make good on my threat to replace her.”

Still, the DNC Charter does make provisions in case the party’s nominee is incapacitated or opts to step aside, and an anti-Biden coup at the convention is theoretically possible, if highly unlikely. So how would it work?

Is it too late for another Democratic candidate to get into the race?

Only a small handful of states have held Democratic presidential primaries thus far. But there is still not enough time for a new candidate to enter the race and beat Biden outright. 

Filing deadlines for about 80% of upcoming contests have already passed and cannot be easily changed since they are set in each state. There are not enough delegates at stake in the remaining contests where ballot access is still open to win a majority.

Of course, a Democrat could opt to run as a write-in candidate (though not every state allows write-ins). And Democratic Party rules can be changed. As private organizations, the Democratic and Republican National Committees are legally given a wide berth over how they select their nominees. 

But Biden essentially controls the national party, as is standard practice for whichever party controls the White House. 

Any changes to the party’s nomination rules would go through the DNC’s Rules and Bylaws Committee, stacked with Biden allies, which essentially rubber-stamped his controversial new 2024 presidential primary calendar putting South Carolina ahead of New Hampshire, even though the committee was not previously expecting to do that until the night before the vote. 

What happens if Biden drops out before the convention?

Biden has said he will remain in the race and there is no indication otherwise, but the only plausible scenario for Democrats to get a new nominee would be for Biden to decide to withdraw. 

He could do so while serving out the remainder of his term in the White House, as Lyndon Johnson did in 1968. 

If Biden were to drop out between now and August, it would most likely create a free-for-all at the Democratic National Convention in Chicago in August.

If Biden calls it quits before he wins the majority of the Democratic delegates, it likely wouldn't make a difference. Any new candidate who tried to enter the race would be unlikely to get on enough of the remaining ballots and therefore couldn't win enough delegates.

Ultimately the decision would likely come down to the convention delegates who were initially pledged to Biden.

It takes a majority of the roughly 4,000 pledged delegates to win the party’s nomination. Under recent reforms, the party’s more than 700 superdelegates — Democratic lawmakers and dignitaries — are allowed to vote only if no one wins a majority of pledged delegates on the first ballot, so their votes could be crucial in a contested convention. 

Biden would have some influence over the pledged delegates he won through the primaries, but ultimately, they can vote as they please.

His long-shot primary challengers, Rep. Dean Phillips, D-Minn., and self-help author Marrianne Williamson, who suspended her campaign this week, have won no delegates so far. And simply having run won't mean that they move to the front of the list in the event of a vacancy.

Could Democrats replace Biden against his will?

There’s no evidence the party would entertain a change without Biden’s consent. But even if they did, there is no mechanism for the national party to replace a candidate before the convention and certainly no way for them to anoint a chosen successor.

If large swaths of the Democratic Party lost faith in Biden, delegates to the national convention could theoretically defect en masse. Of course, they were chosen to be delegates because of their loyalty to Biden and have pledged to support him at the convention.

But, unlike many Republican delegates, Democratic delegates are not technically bound to their candidate. DNC rules allow delegates to “in all good conscience reflect the sentiments of those who elected them,” providing some wiggle room.

The party’s charter does contain provisions to replace the nominee in the event of a vacancy. The measure is intended to be used in case of death, resignation or incapacitation, not to replace someone who has no desire to step down.

That was the measure Brazile considered invoking after Clinton collapsed two months before the 2016 election.

In her memoir, released a year later, Brazile wrote that she was worried “not just about Hillary’s health but about her anemic campaign ... so lacking in the spirit of fight.” 

“Perhaps changing the candidate was a chance to win this thing, to change the playing field in a way that would send Donald Trump scrambling and unable to catch up,” she wrote, adding that aides to other would-be candidates contacted her, including chief of staff to then-Vice President Biden.

But after less than 24 hours of consideration, Brazile realized the idea was untenable without Clinton’s cooperation and likely to only divide her party.

Current DNC Chair Jaime Harrison is a longtime Biden ally who serves, essentially, at the pleasure of the president. And the national party has certainly given no indication it's anything but fully behind the president’s re-election.  

What happens if Biden withdraws after the convention?

To fill a vacancy on the national ticket, the DNC chair can call a “special meeting” of the full Democratic National Committee, which includes about 500 members. On paper, at least, all it takes is a majority vote of those present to pick a new presidential and vice presidential nominee. But that process would likely be anything but smooth, and be filled with behind-the-scenes jockeying and public pressure campaigns. 

If a vacancy were to occur close to the November election, however, it could raise constitutional, legal and practical concerns. Among other issues, ballots have to be printed well in advance of the election and may not be able to be changed in time.

Would Kamala Harris replace Biden?

If Biden were to relinquish the presidency, Vice President Kamala Harris would automatically become president — but not the Democratic Party’s nominee. Nor would she necessarily be the nominee if Biden withdrew from his re-election bid while remaining in the White House.

She might be politically favored, but party rules give the vice president no major mechanical benefit over other candidates. 

Biden’s delegates would not automatically transfer to Harris and the convention holds separate votes on nominees for president and vice president. So she would still need to win a majority of delegates at the convention. 

If the top of the ticket was vacated after the convention, she would still need to win a majority of votes at the special meeting of the DNC.

That is all, at least, under current party rules. But a vacancy at the top of the ticket is the kind of dramatic moment that might lead party leaders to revisit them in the name of easing the transition. Harris has some close allies in key places at the DNC, including the co-chair of the party’s Rules and Bylaws Committee. But nothing would likely happen without a fight.

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Alex Seitz-Wald is a senior politics reporter for NBC News.

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Ben Kamisar is a deputy political editor in NBC's Political Unit. 

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  3. SET ASIDE: Synonyms and Related Words. What is Another Word for SET

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  4. 4 Ways to Set Aside Time for Learning Each Day

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  5. 4 Ways to Set Aside Time for Learning Each Day

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  6. Set aside là gì và cấu trúc cụm từ set aside trong Tiếng Anh. vuidulich

    to set aside

VIDEO

  1. You Set Aside

  2. SORRY!

  3. Put aside Meaning

  4. Splitsville

  5. Charges dropped in York County murder of Richmond mother

  6. Lost Soul Aside

COMMENTS

  1. SET-ASIDE Synonyms: 238 Similar and Opposite Words

    1 as in dedicate to keep or intend for a special purpose He set aside $100 a month for a down payment on a car. Synonyms & Similar Words

  2. SET SOMETHING ASIDE

    to save something, usually money or time, for a special purpose: He had some money in an account that he'd set aside for his kids. [ + to infinitive ] I set aside half an hour every evening to hear Erik read. Fewer examples I set aside some of the soup for Jim to have later. We set aside a few dollars a month to buy furniture.

  3. Set-aside Definition & Meaning

    noun ˈset-ə-ˌsīd Synonyms of set-aside 1 : something (such as a portion of receipts or production) that is set aside for a specified purpose 2 : a program requiring a percentage of opportunities (as for jobs or funding) to be reserved for an underrepresented group Examples of set-aside in a Sentence

  4. SET ASIDE definition and meaning

    1. to reserve for a special purpose; put to one side 2. to discard, dismiss, or quash noun set-aside 3. a. (in the European Union) a scheme in which a proportion of farmland is taken out of production in order to reduce surpluses or maintain or increase prices of a specific crop b. ( as modifier ) set-aside land Collins English Dictionary.

  5. 1430 Synonyms & Antonyms for SET-ASIDE

    View definitions for set aside set aside adjective as in reserved Compare Synonyms Synonyms Antonyms Strongest matches booked restricted Strong matches appropriated arrogated claimed engaged kept limited preempted qualified retained taken Weak matches laid away private roped off set apart spoken for adjective as in void Compare Synonyms Synonyms

  6. Set aside Definition & Meaning

    1 : to cause to sit : place in or on a seat 2 a : to put (a fowl) on eggs to hatch them b : to put (eggs) for hatching under a fowl or into an incubator 3 : to place (oneself) in position to start running in a race 4 a : to place with care or deliberate purpose and with relative stability set a ladder against the wall set a stone on the grave b

  7. LEAVE/PUT/SET SOMETHING ASIDE

    LEAVE/PUT/SET SOMETHING ASIDE definition: 1. If you leave, put, or set something aside, you do not talk about or deal with it at the present…. Learn more.

  8. set-aside_1 phrasal verb

    (law) to officially state that a decision made by a court is not legally acceptable The verdict was set aside by the Appeal Court. See set aside in the Oxford Advanced American Dictionary Definition of set-aside_1 phrasal verb in Oxford Advanced Learner's Dictionary.

  9. SET-ASIDE Definition & Usage Examples

    noun something, as land or profits, set aside for a particular purpose. a tract of federal lands set aside as a wildlife refuge, oil exploration site, etc. a tract of farmland on which commercial crops or a specific crop will not be grown, as part of a federal plan to decrease production in order to maintain or increase prices.

  10. Set aside

    1. Literally, to put something to the side or out of the way. A noun or pronoun can be used between "set" and "aside." Would you mind setting those books aside so I can clean the desk? Please set your phone aside while I'm talking to you! 2. To temporarily stop focusing on or paying attention to something.

  11. Set (something) aside

    Definition of set (something) aside in the Idioms Dictionary. set (something) aside phrase. What does set (something) aside expression mean? Definitions by the largest Idiom Dictionary.

  12. What is another word for "set aside"?

    What is another word for set aside? Need synonyms for set aside? Here's a list of similar words from our thesaurus that you can use instead. Contexts Verb To set apart for a special use To store or stockpile for later use To give little or no attention to … more Verb To set apart for a special use reserve allocate devote earmark dedicate save

  13. set aside

    When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate. The phrase is often used in the context of appeals, when an appellate court invalidates the judgment of a lower court. For example, in Eckenrode v.

  14. Motion to Set Aside (Relief from Default Judgment)

    A judgment void on its face is subject to set aside at any time, (see Nagel v. P & M Distributors, Inc., 273 Cal. App. 2d 176 (1969)), however courts typically require that a motion to set aside a judgment that is void in fact to be filed within a reasonable period of time. In determining the outer limits of what constitutes a reasonable time ...

  15. How to File a Motion to Set Aside Judgment (with Pictures)

    4. File the motion with the clerk. You should file with the court clerk in the same manner that you have filed other documents in your case. Take the original and your copies to the court and ask the clerk to file. Have the clerk stamp your copy with the filing date.

  16. Conviction Set Aside Public Information

    Submit the fingerprints, the application to set aside conviction, a certified copy of the judgment of sentence, probation order, or register of actions, and a $50.00 processing fee in the form of a money order or check made payable to the State of Michigan to: Michigan State Police. CJIC. P.O. Box 30266. Lansing, Michigan 48909-7766.

  17. SET ASIDE definition in American English

    1. to set apart 2. to discard; dismiss; reject 3. to annul; declare void See full dictionary entry for set Webster's New World College Dictionary, 4th Edition. Copyright © 2010 by Houghton Mifflin Harcourt. All rights reserved. set-aside in American English (ˈsɛtəˌsaɪd ) US noun

  18. Set-aside procurement

    When to use set-aside or sole-source contracts The federal government prefers to contract with small businesses whenever possible. Contracting officials can use set-aside and sole-source contracts to help their agencies meet their small business contracting goals. How you should offer a contract will depend largely on two factors:

  19. SET ASIDE

    set aside verb These are words and phrases related to set aside. Click on any word or phrase to go to its thesaurus page. REVOKE Synonyms override overrule countermand disallow dismiss abjure renounce disclaim repudiate revoke withdraw take back negate annul nullify invalidate vacate void declare null and void cancel abrogate abolish expunge erase

  20. COA splits in upholding motion to set aside summary judgment

    IL file photo. A split Court of Appeals of Indiana has upheld the grant of a motion to set aside summary judgment in a dispute involving a financial company and a woman whose ex-husband admitted to using her identity to fraudulently obtain a loan. Appellee-defendant Meng Liu and her ex-husband, Ning Ao, divorced in 2020.

  21. SETS ASIDE Synonyms: 213 Similar and Opposite Words

    Synonyms for SETS ASIDE: dedicates, devotes, sets by, saves, gives up (to), sets apart, reserves, earmarks; Antonyms of SETS ASIDE: ignores, neglects, misuses ...

  22. Immobilised Russian assets: Council decides to set aside ...

    Immobilised Russian assets: Council decides to set aside extraordinary revenues. The Council today adopted a decision and a regulation clarifying the obligations of Central Securities Depositaries (CSD) holding assets and reserves of the Central Bank of Russia (CBR) that are immobilised as consequence of EU's restrictive measures.

  23. 'Greatest real estate crisis since the financial crisis.' German bank

    Deutsche Pfandbriefbank, or PBB, a German lender focused on real estate, has set aside more money for bad debts as it braces for what it says is the worst decline in commercial property values in ...

  24. SET SOMETHING ASIDE definition

    to save something, usually money or time, for a special purpose: He had some money in an account that he'd set aside for his kids. [ + to infinitive ] I set aside half an hour every evening to hear Erik read. Fewer examples I set aside some of the soup for Jim to have later. We set aside a few dollars a month to buy furniture.

  25. Bill would set aside $50 million for Maine small businesses hurt by

    Local & State; Business; Bill would set aside $50 million for Maine small businesses hurt by severe storms. They would be able to apply for one-time payments for state aid from the impacts of ...

  26. Crime-ridden Oakland's progressive mayor is blasted by California ...

    California governor Gavin Newsom has reportedly blasted Oakland mayor Sheng Thao for not applying to funds set aside to tackle retail crime in the Bay Area. In September, the governor's ...

  27. Jonathan Majors' Sentencing Hearing Delayed, Team Wants Verdict Set Aside

    MAJORS LEAVING COURT. AP. Jon's next hearing is scheduled for April 8 -- and the reason is because his legal team filed some last-minute motions that they want heard and considered first before ...

  28. Set aside Definition & Meaning

    transitive verb 1 : to disagree with and overturn (a decision or act of a lower tribunal) upon review : overrule, vacate set aside the decree 2 : to deprive of legal effect or force : annul, void may set aside the contract Dictionary Entries Near set aside session set aside set off See More Nearby Entries Cite this Entry Style "Set aside."

  29. West Seattle Blog…

    Here are agenda highlights: 1. Arrive to see the work of a local artist whose map of West Seattle immediately got crazy popular on (social media). Meet Sonja Rupnick. 2. A familiar face making ...

  30. Could Democrats replace Biden as their nominee?

    It is nearly impossible for the Democratic Party to replace Biden, and the president has given no indication that he intends to step aside — nor is anyone asking him to. President Joe Biden, at ...