Keep in mind that we will use the word “order” to mean both “court orders” and “judgments.”
A request to set aside an order is complicated. And the law only allows a judge to set aside to set aside (cancel) a judgment or court order in very few situations. You have to tell the judge what law applies to the facts of your case, and why you think your situation fits the law.
If you do not have a good legal reason to file a request for order to set aside and you do it anyway, the judge may order you to pay the other party’s ’s lawyer fees and costs to respond to your request for order. So make sure that you understand your situation and the law before you file a request for order to set aside a court order.
This section will give you general information only. Talk to a lawyer if you need advice related to your situation. If you have the kind of case that your court’s self-help center or family law facilitator helps with, you may be able to get help there. You may also be able to hire a limited-scope lawyer to help you with just certain parts of your case while you handle the rest.
Important: Keep in mind that a request for order to set aside is not the same as an appeal or a request for reconsideration. Those 2 procedures have different legal requirements and deadlines. It is important you do not confuse them because you may miss a deadline if you use the wrong procedure for your situation.
If the other side in your case has filed a request to set aside (cancel) an order and you want to oppose it, you will find instructions to guide you on the pages that discuss the steps for each type of request.
Here are the most common legal reasons to ask a judge to set aside (cancel) a judgment or another type of court order:
The order was made against you because of your own “mistake, inadvertence, surprise, or excusable neglect.” The law discussing this is Code of Civil Procedure, section 473(b).
Deadline to file the request for order:
Click to learn how to file a request for order to set aside in a family law case. Click to learn how to respond to a request for order to set aside.
Important: For requests to set aside in a divorce or legal separation case, click here to learn how to file a request. Click here to learn how to respond to a request.
You did not receive notice of the summons and petition in time to file a response or act properly. This is for default judgments only (a default judgment is made when the respondent in a case does not respond to the petition and “defaults”). The law discussing this is Code of Civil Procedure section 473.5.
Deadline to file the request for order
You must file a request for order to set aside under this law within a reasonable time—BUT there are strict deadlines:
Click to learn how to file a request for order to set aside. Click to learn how to respond to a request for order to set aside.
Important: For requests to set aside in a divorce or legal separation case, click here to learn how to file a request. Click here to learn how to respond to a request.
The judgment against you was obtained by actual fraud, perjury, duress, mental incapacity, mistake, or a party failed to comply with disclosure requirements when the judgment was entered.
These legal reasons to set aside a judgment in divorce, legal separation or annulment cases are based on Family Code sections 2120 and 2122. Requests to set aside based on these laws are complicated and have different requirements. Talk to a lawyer for more information or ask your court’s self-help center or family law facilitator to find out if they can help you.
Here is a brief description of the legal reasons for this type of request to set aside and the time limit to file your request under each reason:
Click to learn how to file a request for order to set aside. Click to learn how to respond to a request for order to set aside.
Important: For requests to set aside in a divorce or legal separation case, click here to learn how to file a request. Click here to learn how to respond to a request.
Click to learn about requests to set aside an order in a child support case.
Click to learn about requests to set aside an order in a spousal or partner support case.
There are other legal reasons to ask for a request for order to set aside a judgment or an order. Here are the main ones in family law cases: