What is the time limitation for making a motion to vacate for excused default?

The correct time limitation for making a motion to vacate for excused default is one year from the service of the judgment. This rule ensures that a party has a reasonable timeframe to seek relief from a default judgment that may have occurred due to excusable neglect.

The rationale behind allowing one year is to balance the interests of justice—where a party may have a legitimate reason for not responding in a timely manner—and the need for finality in legal judgments. This one-year period begins to run from the date that the judgment is served on the party seeking to vacate it, thus providing a clear and fair starting point for the time limit.

Understanding this timeframe is critical in civil practice to ensure that parties are aware of their rights and the necessary actions they must take to protect those rights, particularly when faced with default judgments.