Which statement correctly describes the effect of a motion to set aside?

Which statement correctly describes the effect of a motion to set aside?

• A. It automatically dismisses the case.
• B. It sets aside the complaint.
• C. It amends the complaint.
• D. It extends the time for defense.

Answer: (B)

A motion to set aside is a request to cancel or nullify a pleading that has already been filed. When granted, it treats the complaint as if it never existed for the purposes of moving forward, typically because there were defects in how the complaint was filed or served, or because the court lacked proper jurisdiction. This is the action described by “set aside”—the filing itself is annulled, not simply amended, extended, or automatically dismissed. The case may then proceed only after the defect is corrected or a new, properly filed complaint is submitted.

A motion to set aside is a request to cancel or nullify a pleading that has already been filed. When granted, it treats the complaint as if it never existed for the purposes of moving forward, typically because there were defects in how the complaint was filed or served, or because the court lacked proper jurisdiction. This is the action described by “set aside”—the filing itself is annulled, not simply amended, extended, or automatically dismissed. The case may then proceed only after the defect is corrected or a new, properly filed complaint is submitted.