Setting Aside Judgment Of Guilt

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

'Judgment set aside' in Arizona refers to a legal process that removes the legal consequences of a guilty verdict or plea from your record. When a judgment is set aside, it indicates that you have been granted relief from the penalties associated with your conviction. Importantly, this does not erase the conviction, but it restores your civil rights and helps mitigate the impact on your life. Understanding this can be pivotal in your journey of setting aside judgment of guilt.

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Setting Aside Judgment Of Guilt