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;
" the presence of material issues of fact;
" the presence of a meritorious defense to the claim;
" the significance of the interests at stake, including, but not limited to, the amount of money involved;
" whether the failure to answer 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 North Dakota Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect serves as a legal remedy available to parties who have been defaulted and faced with a default judgment in a court case due to various reasons. This motion provides an opportunity to challenge or reverse an unfavorable judgment if the party can demonstrate that the default was a result of a mistake, inadvertence, surprise, or excusable neglect. In North Dakota, there are different types of motions available to vacate or set aside the entry of default and default judgment. These can be categorized as follows: 1. Motion due to Mistake: This type of motion is applicable when the default occurred due to a genuine mistake, such as an error in scheduling or calendaring court appearances, confusion over deadlines, or miscommunication between the parties involved in the case. 2. Motion due to Inadvertence: When a default judgment is obtained because of an unintentional oversight or negligence, a motion based on inadvertence can be filed. This may include instances where the party failed to respond to the lawsuit due to unforeseen circumstances, an oversight by legal counsel, or lack of awareness of the consequences of non-response. 3. Motion due to Surprise: In some situations, a party may claim that they were taken by surprise, resulting in their failure to respond and subsequently ending up with a default judgment. This could occur when the opposing party introduced unexpected evidence, made an unforeseen argument, or carried out actions that were not anticipated. The motion to set aside default judgment based on surprise aims to rectify the unfair advantage gained by the opposing party. 4. Motion due to Excusable Neglect: When a party can demonstrate that their failure to respond was due to excusable neglect, they may file a motion on this ground. This could involve situations where a party had valid reasons for missing deadlines, such as illness, personal emergencies, or unavoidable circumstances that hindered their ability to participate in the case. To succeed in a North Dakota Motion to Vacate or Set Aside Entry of Default and Default Judgment, the party seeking relief must provide substantial evidence supporting their claim of mistake, inadvertence, surprise, or excusable neglect. Supporting documents, affidavits, or testimonies may be included to strengthen the motion's argument. The court will then evaluate the circumstances and exercise its discretion in deciding whether to grant the motion, providing an opportunity to resuscitate the case and have the default judgment set aside.
