In deciding whether to set aside a judgment of dismissal for failure of a party to appear, 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 have his day in court. Therefore, in addition to the requirement that plaintiff 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 judgment is set aside;
- the presence of material issues of fact;
- the presence of a meritorious claim;
- the significance of the interests at stake, including, but not limited to, the amount of money involved;
- whether the failure to appear 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 Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action is a legal remedy available in Arkansas when a party believes that a judgment of dismissal was entered due to a mistake, inadvertence, or excusable neglect. This motion aims to rectify the error and reinstate the underlying cause of action. Under Arkansas law, there may be various types of Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect, depending on the specific circumstances of the dismissal and the reasons alleged for the mistake, inadvertence, or excusable neglect. Here are a few common examples: 1. Mistake: This type of motion can be filed when a mistake, such as an error in presenting evidence or misunderstanding the legal requirements, has led to the judgment of dismissal. The party seeking to vacate the judgment will need to demonstrate that the mistake was substantial and that it affected the outcome of the case. 2. Inadvertence: In cases where a judgment of dismissal was entered due to unintentional oversight or neglect, a Motion to Vacate or Set Aside can be filed based on inadvertence. This could include situations where a party missed a deadline, failed to submit required documents, or overlooked a critical piece of evidence. To succeed, the party must show that their neglect was excusable under the circumstances. 3. Excusable Neglect: When a party's neglect, though not intentional, resulted in a dismissal judgment, a Motion to Vacate or Set Aside based on excusable neglect can be pursued. This may apply to situations where there was a reasonable cause for the neglect, such as illness, emergency, or reliance on incorrect advice from legal counsel. In any of these cases, the party seeking to vacate the judgment must demonstrate to the court that the error, mistake, inadvertence, or excusable neglect was the cause of the dismissal, and that the underlying cause of action has merit. The burden of proof rests on the moving party to provide compelling evidence and arguments supporting their motion. It is important to note that specific rules and procedures govern the filing and consideration of a Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action in Arkansas. Parties should consult with an experienced attorney who can provide guidance tailored to their unique circumstances and ensure compliance with the relevant legal requirements.
