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;
" the presence of material issues of fact;
" the presence of a meritorious defense to the claim;
" the significance of the interests at stake, including, but not limited to, the amount of money involved;
" whether the failure to answer was intentional or willful or the result of conscious indifference;
" whether party or counsel bears responsibility for default; and
" the availability of less drastic sanctions.
A Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal document filed by a party in a court case in Alaska who wants to challenge or overturn a default judgment that has been entered against them. This motion is typically based on the grounds that the default judgment was obtained due to a mistake, inadvertence, surprise, or excusable neglect. In Alaska, there are different types of motions that can be filed to vacate or set aside a default judgment, depending on the specific circumstances of the case. Here are some of the common types: 1. Motion to Vacate Entry of Default: This type of motion is filed when a default judgment has been entered against a party who failed to timely respond to a lawsuit or failed to appear before the court. The party seeks to have the entry of default removed so that they can have an opportunity to defend their case. 2. Motion to Set Aside Default Judgment: This type of motion is filed when a default judgment has already been granted by the court. The party seeks to have the default judgment set aside, arguing that there were mistakes, inadvertence, surprise, or excusable neglect that led to its entry. 3. Motion to Vacate Default Judgment Based on Mistake: This type of motion is filed when the default judgment was entered due to a mistake made by the court or the opposing party. The party seeks to have the judgment vacated because the mistake affected the fairness or accuracy of the judgment. 4. Motion to Vacate Default Judgment Based on Inadvertence: This type of motion is filed when the default judgment was entered due to inadvertent circumstances, such as technical errors, miscommunications, or misunderstandings. The party seeks to have the judgment vacated as they believe it does not reflect the merits of the case. 5. Motion to Set Aside Default Judgment Based on Surprise: This type of motion is filed when the default judgment was entered due to surprise or unexpected circumstances. The party seeks to have the judgment set aside because they were not given a fair opportunity to present their case or defend themselves. 6. Motion to Set Aside Default Judgment Based on Excusable Neglect: This type of motion is filed when the default judgment was entered because of neglect on the part of the party seeking to vacate it. However, they argue that their neglect was excusable under the circumstances, such as illness, family emergencies, or other valid reasons. It is crucial to consult with an attorney or legal professional in Alaska for guidance and assistance in preparing and filing a Motion to Vacate or Set Aside Entry of Default and Default Judgment. They can provide the necessary expertise to determine the most appropriate type of motion to file based on the specific facts of the case.
