DaLee v. Crosby Lumber Co
In DaLee v. Crosby Lumber Co., 561 So. 2d 1086 (Ala. 1990) the Court stated that the defendant DaLee, seeking to set aside a default judgment, had to allege sufficient facts or produce enough evidence to counter the plaintiff's claims. DaLee met this burden by attaching an affidavit and exhibits.
The Court held that DaLee was not required to show that he would prevail on the merits of the plaintiff's claim, but to show that he was prepared to present a plausible defense. (However the Court held that DaLee was not entitled to set aside the default judgment, because he had not proved one of the grounds stated in Rule 60(b)(1).) 561 So. 2d at 1090-91.