Louisiana 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
  • 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

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.

Reasons to File a Motion to Dismiss in California Insufficient Evidence. In a criminal trial, the prosecution must prove the charge against the defendant beyond any reasonable doubt. ... Statute of Limitations. ... Violation of the Right to a Speedy Trial. ... Double Jeopardy. ... Errors in Filing the Complaint. ... Other Reasons.

If you were sued and lost because you did not appear in court, you can file an SC-135 Notice of Motion to Vacate Judgment. By filing this motion, you are asking the court to cancel the judgment entered against you and to give you a new trial.

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 ...

You can ask the court to vacate (undo) the default judgment. If the judgment is vacated and the case is put back on the court's calendar and the case will continue. You still have to defend the case, but the other side no longer has a judgment against you.

A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.

Examples of excusable neglect include: Illness that disables the party from responding or appearing in court. Failure to respond because you relied on your attorney to do so. Failure to appear at trial because you relied on misinformation provided by a court officer.

A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.

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