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.
The Kentucky 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 mechanism that allows a party to request the court to reconsider a judgment of dismissal that was made in error, due to inadvertence, or because of excusable neglect. This motion aims to have the original cause of action reinstated in order to rectify any unjust outcomes. In Kentucky, there are different types of motions that can be filed to challenge a judgment of dismissal based on specific circumstances: 1. Motion to Vacate Judgment Due to Mistake: This type of motion is filed when there is evidence of a mistake made by the court, such as an error in interpreting the law, facts, or procedural rules. The party seeking the motion must provide sufficient evidence to demonstrate that the original judgment was flawed due to an obvious mistake. 2. Motion to Set Aside Judgment Due to Inadvertence: This motion is utilized when a judgment of dismissal was entered mistakenly or unintentionally, without considering all relevant evidence or legal arguments. The party filing the motion must prove that the court overlooked crucial information or failed to properly consider their case. 3. Motion to Vacate Judgment Due to Excusable Neglect: This motion is filed when a judgment of dismissal was issued because of neglect or oversight on the part of the party, their attorney, or the court itself. A party may claim excusable neglect if they can show valid reasons for their omission or failure to comply with court rules or deadlines. However, it is important to note that mere negligence or carelessness will not be considered as excusable neglect. When filing a Kentucky Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action, certain key factors need to be addressed. These may include presenting clear evidence of the mistake, inadvertence, or excusable neglect, explaining how these factors affected the previous judgment, and providing persuasive arguments for why the cause of action should be reinstated. Overall, the Kentucky Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action offers a legal avenue for parties to rectify errors, oversights, or neglect that contributed to an unjust dismissal. By following the appropriate procedures and presenting compelling evidence, individuals can seek justice and have their case reconsidered by the court.
