---
kind: "section"
citation: "17 C.F.R. § 10.94"
title: "17"
number: "10.94"
heading: "Setting aside of default."
url: "https://uscodex.org/cfr/17/10.94"
---

# §10.94. Setting aside of default.


In order to prevent injustice and on such conditions as may be appropriate, (a) the Commission may at any time set aside a default order obtained under [§ 10.93](/cfr/17/10.93.md); and (b) the Administrative Law Judge may set aside a default order obtained under [§ 10.93](/cfr/17/10.93.md) at any time prior to filing of his initial decision in a proceeding in which there are remaining respondents. Any motion to set aside a default shall be made within a reasonable time, and shall state the reasons for the failure to file or appear and specify the nature of the proposed defense in the proceeding.


## Notes

### Authority

Authority: Pub. L. 93-463, sec. 101(a)(11), 88 Stat. 1391; 7 U.S.C. 2(a)(12).

### Source

Source: 41 FR 2511, Jan. 16, 1976, unless otherwise noted.