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.
A District of Columbia Motion to Set Aside Entry of Default and Default Judgment is a legal document filed by a party who wishes to challenge or contest a default judgment that has been entered against them. Default judgments occur when a party fails to respond or appear in court within the given timeframe, resulting in a judgment being entered in favor of the opposing party. There are several types of District of Columbia Motions to Set Aside Entry of Default and Default Judgment that can be filed, depending on the specific circumstances of the case: 1. District of Columbia Rule of Civil Procedure 60(b) Motion to Set Aside Entry of Default and Default Judgment: This motion is filed under Rule 60(b) of the District of Columbia Rules of Civil Procedure and requests the court to set aside or vacate a default judgment due to various reasons such as mistake, inadvertence, excusable neglect, newly discovered evidence, fraud, or any other reason justifying relief from the judgment. 2. District of Columbia Rule of Civil Procedure 55© Motion to Set Aside Entry of Default and Default Judgment: This motion is filed under Rule 55(c) of the District of Columbia Rules of Civil Procedure and requests the court to set aside or vacate a default judgment if it was entered as a result of the party's mistake, inadvertence, surprise, or excusable neglect. 3. District of Columbia Rule of Civil Procedure 60(d) Motion to Set Aside Entry of Default and Default Judgment: This motion is filed under Rule 60(d) of the District of Columbia Rules of Civil Procedure and requests the court to set aside or vacate a default judgment if it was obtained by fraud, misrepresentation, or other misconduct. When filing a District of Columbia Motion to Set Aside Entry of Default and Default Judgment, it is crucial to include relevant supporting documents, such as an affidavit explaining the reasons for the default, any evidence of excusable neglect, newly discovered evidence, or fraud. The motion should clearly state the legal grounds for setting aside the default judgment and present a persuasive argument for why the judgment should be vacated. It is important to note that each case is unique, and the specific requirements and procedures for filing a Motion to Set Aside Entry of Default and Default Judgment may vary. It is advisable to consult with a qualified attorney familiar with District of Columbia civil procedure to navigate the complexities of the legal system and ensure the best possible outcome in your case.
