District of Columbia Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action

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US-01586BG
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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.

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  • Preview Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action
  • Preview Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action
  • Preview Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action

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FAQ

In Florida, a "void judgment" is so defective that it is deemed never to have had legal force and effect, while a "voidable judgment" is a judgment that has been entered based upon some error in procedure that allows a party to have the judgment vacated, but the judgment has legal force and effect unless and until it ...

Judgment is a void judgment if court that rendered judgment lacked jurisdiction of. the subject matter, or of the parties, or acted in a manner inconsistent with due. process, Fed.

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.

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.

Code of Civil Procedure section 473(d) states that, ?The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any ...

There are two related but often misunderstood concepts in Florida civil litigation: void and voidable judgments. A void judgment refers to a civil judgment that is inherently defective. Once a judgment is found void, it is as if it never existed at all.

Final judgment is the last decision from a court that resolves all issues in dispute and settles the parties' rights with respect to those issues. A final judgment leaves nothing to be decided except decisions on how to enforce the judgment, whether to award costs, and whether to file an appeal.

Adj. referring to a statute, contract, ruling or anything which is null and of no effect. A law or judgment found by an appeals court to be unconstitutional is void, a rescinded (mutually cancelled) contract is void, and a marriage which has been annulled by court judgment is void. See also: voidable.

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District of Columbia Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action