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Exercise Extreme Caution when using many of our free forms - or any legal material. While they may provide general ideas on format & content, validity requirements can and do vary greatly from state to state. Many MUST be Properly Modified for your own location and circumstances. (Hint: If in doubt it's usually safer to include unneeded clauses than to leave out necessary ones. . . . but it's even safer to consult a competent source or use current, state specific ones like ours mentioned below.) Also, we urge people (and lawyers too) to read our Relying On Legal Info FAQ.

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[Attorney name]
[Address]
[Telephone number]

Attorney for [e.g., Defendant], [name]

xxx Court, County of xxx
[xxx District]

xxxxxx ) No. xxx
Plaintiff(s) )
vs. ) DECLARATION OF [NAME]
) SUPPORTING [NAME]'S MOTION
xxxxxx ) TO SET ASIDE [DEFAULT
Defendant(s) ) [AND DEFAULT JUDGMENT]/
) DEFAULT JUDGMENT]
_________________________________)
Hearing: [date; time]
Department: xxx
Trial Date: [if set]

[Name] declares:

[Option 1] 1. I am the attorney for [name], [e.g., defendant] in this action.

[Option 2] 1. I am the [e.g., defendant] in this action.

[Option 3] 1. I am the [state relationship, e.g., president] of the [e.g., defendant] in this action, and I am authorized to make this declaration on [his/her/its] behalf.

2. I have personal knowledge of all facts stated in this declaration and, if called to testify, I could and would do so.

3. The entry of [default [and default judgment]/default judgment] against [e.g., defendant] in this action was due to [my/[name]'s] mistake, inadvertence, surprise, or excusable neglect in that [state facts, e.g., on November 22, 1992, I spoke by telephone with Mr. Smith, counsel for plaintiff. During that conversation I asked Mr. Smith for an extension of time to plead on behalf of my client until December 4, 1992. Mr. Smith agreed to the extension of time].

[Add if appropriate] 4. The entry of [default [and default judgment]/default judgment] was discovered by me on [date]. This motion was not filed earlier because [state facts showing due diligence].

[5.] [Continue declarant's statements].

I declare under penalty of perjury under the laws of the State of xxx that the foregoing is true and correct.

Date: xxxx _____________________________
[Typed name]
[Title if relevant]

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