There are no fixed standards to determine the type of mistake, surprise, or excusable neglect that would warrant the setting aside of a default judgment. The court's decision to set aside a judgment on any of these grounds turns upon the unique factual background of each particular case. However, mistake, inadvertence, and excusable neglect that warrants relief from a default judgment require some justification for an error beyond mere carelessness or ignorance of the law of the party or his or her attorney.
A Hawaii Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal document used in the state of Hawaii to request the court to vacate or set aside a default judgment that was entered against a party due to a valid reason such as mistake, inadvertence, surprise, or excusable neglect. Keywords: Hawaii, Affidavit, Supporting Notice, Motion, Vacation, Setting Aside, Default Judgment, Mistake, Inadvertence, Surprise, Excusable Neglect. In Hawaii, if a default judgment has been entered against a party due to mistake, inadvertence, surprise, or excusable neglect, the affected party can file a Motion to Vacate or Set Aside the default judgment by submitting a detailed affidavit in support of the motion. This affidavit serves as a formal written statement that provides the court with necessary facts and evidence to support the party's claim. The Hawaii Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect should include the following information: 1. Caption: Begin the affidavit with the caption or heading, which includes the name of the court, the case name, case number, and the names of the parties involved. 2. Identity: Identify yourself as the affine and state your relationship to the case, such as being the defendant or the plaintiff. 3. Explanation of Default: Clearly explain how the default judgment was entered against you or your party. Detail the circumstances leading to the default, emphasizing the mistake, inadvertence, surprise, or excusable neglect that occurred. 4. Explanation of Valid Reason: Provide a thorough explanation of the mistake, inadvertence, surprise, or excusable neglect that caused the default judgment. Include any supporting documents or evidence that substantiate your reason. 5. Timeliness: Explain why the motion to vacate or set aside the default judgment is filed in a timely manner, highlighting any circumstances that prevented you from acting promptly. 6. Legal Grounds: Reference the relevant Hawaii Revised Statutes or court rules that support your request to vacate or set aside the default judgment based on the stated grounds. 7. Merits of the Case: Briefly summarize the merits of your case or defense to demonstrate to the court that your case has legal validity and deserves a fair hearing. 8. Relief Requested: Clearly state the relief or outcome you are seeking by filing this affidavit and motion, which is to have the default judgment vacated or set aside. It's important to note that there may be different variations of the Hawaii Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect based on specific circumstances or court rules. For instance, the affidavit format and the content requirements might differ if the motion is filed in a small claims court, family court, or civil court. It is advisable to consult with a lawyer or review the relevant court rules for the specific type of case you are involved in for accurate guidance on the content and format of the affidavit.
