There are no fixed standards to determine the type of mistake, surprise, or excusable neglect that would warrant the setting aside of a default judgment. The court's decision to set aside a judgment on any of these grounds turns upon the unique factual background of each particular case. However, mistake, inadvertence, and excusable neglect that warrants relief from a default judgment require some justification for an error beyond mere carelessness or ignorance of the law of the party or his or her attorney.
Arkansas Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect
Category:
State:
Multi-State
Control #:
US-01527BG
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Affidavit Supporting Notice Of Motion For Vacation Or Setting Aside Of Default Judgment Due To Mistake, Inadvertence, Surprise, Or Excusable Neglect?
US Legal Forms - one of the largest libraries of authorized forms in the States - offers a variety of authorized file themes you are able to obtain or print out. Utilizing the site, you may get a large number of forms for organization and individual functions, sorted by types, states, or key phrases.You can get the latest versions of forms like the Arkansas Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect in seconds.
If you already have a membership, log in and obtain Arkansas Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect from your US Legal Forms catalogue. The Down load key can look on each and every form you look at. You get access to all previously delivered electronically forms from the My Forms tab of the accounts.
If you would like use US Legal Forms initially, listed here are simple instructions to help you get started:
- Be sure to have picked the proper form for your area/state. Click the Review key to examine the form`s articles. Look at the form explanation to ensure that you have selected the right form.
- In the event the form doesn`t match your needs, take advantage of the Look for industry near the top of the display to find the one which does.
- If you are satisfied with the shape, affirm your option by clicking the Buy now key. Then, choose the costs strategy you prefer and provide your references to register for the accounts.
- Process the transaction. Make use of your Visa or Mastercard or PayPal accounts to complete the transaction.
- Select the structure and obtain the shape in your device.
- Make modifications. Fill up, revise and print out and sign the delivered electronically Arkansas Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect.
Every single web template you added to your account lacks an expiry particular date and is your own property for a long time. So, if you want to obtain or print out yet another duplicate, just proceed to the My Forms area and then click in the form you require.
Get access to the Arkansas Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect with US Legal Forms, the most extensive catalogue of authorized file themes. Use a large number of expert and state-specific themes that meet your company or individual needs and needs.
Form popularity
FAQ
(g)Motions for reconsideration. Any motion to reconsider the appellate court's order deciding any motion or petition must be filed no later than eighteen calendar days after the date of the order.
A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.
The court may, upon motion, set aside a default judgment previously entered for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) the judgment is void; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; or (4 ...
In determining whether the neglect is excusable, courts take a flexible approach and consider all relevant circumstances. For example, clerical errors, like a misreading of the filing date, have been considered excusable.
Any party opposing a motion shall serve a response within 10 days after service of the motion. The movant shall then have 5 days after service of the response within which to serve a reply.
Rule 60(1) of the Arkansas Rules of Civil Procedure provides that to correct errors or mistakes or to prevent the miscarriage of justice, the court may modify or vacate a judgment, order, or decree on motion of the court or any party, with prior notice to all parties, within ninety days of its having been filed with ...
The party seeking to vacate or modify a judgment may obtain an injunction suspending proceedings, on the whole or in part, upon showing by affidavit or exhibition of the record that it is probable that he is entitled to have such judgment, decree or order vacated or modified; however, such a showing shall not be ...
Examples of mistake, inadvertence, surprise, or excusable neglect include: ? Illness of defendant. Attorney's abandonment of client. Fraud of the plaintiff. The following instructions and forms assume that you are a defendant who is filing a motion to vacate a default judgment.
