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 Guam 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 to parties who believe that a judgment of dismissal was entered erroneously due to an error, oversight, or justified neglect. This motion is typically filed by the party seeking to reinstate their cause of action that was previously dismissed by the court. Keywords: Guam, Motion to Vacate, Set Aside Judgment, Dismissal, Mistake, Inadvertence, Excusable Neglect, Reinstate Cause of Action. In Guam, when a judgment of dismissal is rendered due to mistake, inadvertence, or excusable neglect, a party can file a Motion to Vacate or Set Aside Judgment of Dismissal. This motion serves as a formal request to the court to revisit the original judgment and, if granted, reinstate the dismissed cause of action. The primary purpose of this motion is to rectify situations where a dismissal occurred unfairly or erroneously. Mistakes, inadvertence, or excusable neglect can include situations where there was a failure to properly serve or notify the opposing party, failure to appear in court due to a legitimate reason, misunderstanding or miscommunication, or any other substantial reason that justifies the reopening of the case. It is important to note that parties seeking to file a Guam Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action must provide sufficient evidence supporting their claim. This evidence can include documentation, affidavits, or testimonies explaining the circumstances leading to the dismissal and demonstrating that it was not the result of intentional misconduct or disregard for court rules. Additionally, the Guam Rules of Civil Procedure provide specific standards and timelines within which this motion must be filed. It is crucial for the party seeking to reinstate their cause of action to adhere to these rules, as failure to do so can result in further complications or denial of the motion. Although there are no specific subtypes of the Guam Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action, it is worth mentioning that each case is unique, and the grounds for the motion can vary depending on the specific circumstances involved. In conclusion, the Guam 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 recourse available to parties who believe that their cause of action was mistakenly dismissed. By filing this motion, parties can seek to rectify the error, present their case on its merits, and have the opportunity for a fair resolution in court.
