Set Aside Vs Set Apart

State:
Multi-State
Control #:
US-01704BG
Format:
Word; 
Rich Text
Instant download

Description

In deciding whether to set aside a default judgment, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to defend on the merits. Therefore, in addition to the requirement that defendant show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:


the nature and extent of the prejudice which may be suffered by the non-defaulting party if the default is set aside;
2. the presence of material issues of fact;
3. the presence of a meritorious defense to the claim;
4. the significance of the interests at stake, including, but not limited to, the amount of money involved;
5. whether the failure to answer was intentional or willful or the result of conscious indifference;
6. whether party or counsel bears responsibility for default; and the availability of less drastic sanctions.

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FAQ

2 Meaning of 'set aside' If a decision is set aside, it is treated as if it had never been made. It therefore means that a new decision will need to be made in its place (unless the parties manage to reach an agreement in the meantime).

Definition of 'set apart' If a characteristic sets you apart from other people, it makes you different from the others in a noticeable way.

She tries to set aside some money every month. The government has set aside thousands of acres of land as protected wilderness.

A thing is set apart for a particular use. A thing is set aside to keep it from the current action.

Aside and apart are two different words with different meanings, but these two are similarly used. "Apart from" is usually used to single out a person or object, whereas "aside from" is more often used to discriminate between abstract concepts or ideas. "Everyone is coming on holiday, apart from Angela."

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Set Aside Vs Set Apart