Facts must be shown In motion to set aside

From: Daily Record and the Kansas City Daily News-Press | Date: April 30, 2003| Author: | Copyright information

A mere statement that facts are available to contest a case is not sufficient to have a default judgment set aside. According to Court Rule 74.05(d), a party must include facts that will be presented.

In a recent case before the Missouri Court of Appeals for the Western District, the court found the circuit court had improperly granted the defense's motion to set aside default judgment, because the motion to set aside was not sufficient for such consideration.

Millstone Marina Service filed its motion to set aside following an award to Eric and Joseph Krugh for over $583,000. The Krughs had ...