Arkansas Motion to Set Aside Entry of Default and Default Judgment

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Control #:
US-01704BG
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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

Within fourteen (14) days from the date of service of copies of a motion and supporting papers, any party opposing a motion shall serve and file with the Clerk a concise statement in opposition to the motion with supporting authorities.

11. Rule 11 - Signing of Pleadings, Motions, and Other Papers; Sanctions (a)Signature. Except as provided in Rule 87 of these rules, every pleading, written motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his or her individual name.

An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.

Norris, 281 U.S. 619 (1930). Under Federal Rule of Criminal Procedure 11, a plea of nolo contendere shall be accepted by the court only with its consent and only after it gives due consideration to the views of the parties and the interest of the public in the effective administration of justice.

It states the general rule that the court may, with prior notice to all parties, modify a judgment, decree or order within 90 days of its filing with the clerk to "correct errors or mistakes or to prevent the miscarriage of justice." Revised subdivision (b) expressly states an exception for "clerical mistakes" and ...

Case law and field research indicate that the primary goals of sanctions imposed under Rule 11 include deterrence and compensation. Satellite litigation occurred primarily in cases involving large compensatory sanction awards, not in those involving modest monetary or nonmonetary sanctions.

Rule 11 - Certification By Parties And Attorneys; Frivolous Appeals; Sanctions (a) The filing of a brief, motion or other paper in the Supreme Court or the Court of Appeals constitutes a certification of the party or attorney that, to the best of his knowledge, information and belief formed after reasonable inquiry, ...

Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party.

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Arkansas Motion to Set Aside Entry of Default and Default Judgment