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;
2. the presence of material issues of fact;
3. the presence of a meritorious defense to the claim;
4. the significance of the interests at stake, including, but not limited to, the amount of money involved;
5. whether the failure to answer was intentional or willful or the result of conscious indifference;
6. whether party or counsel bears responsibility for default; and the availability of less drastic sanctions.
A North Dakota Motion to Set Aside Entry of Default and Default Judgment is a legal request made by a party to the court in order to reverse or vacate a default judgment and entry of default that has been previously issued against them. This motion allows the party to present valid reasons and arguments as to why the default judgment should be set aside and the case should be reopened for further litigation. There are different types of North Dakota Motion to Set Aside Entry of Default and Default Judgment based on certain circumstances and grounds for seeking relief. Here are a few examples: 1. North Dakota Motion to Set Aside Entry of Default and Default Judgment — Lack of Notice: In cases where a party claims to have not received proper notice of the default judgment or the lawsuit itself, they can file this motion asserting that they were unaware of the proceedings and, therefore, should have the opportunity to defend themselves. 2. North Dakota Motion to Set Aside Entry of Default and Default Judgment — Excusable Neglect: This type of motion is filed when a party can demonstrate that their failure to respond or attend court hearings was due to circumstances beyond their control, such as illness, accident, or other reasonable causes. They argue that their neglect was unintentional and should be excused. 3. North Dakota Motion to Set Aside Entry of Default and Default Judgment — Newly Discovered Evidence: If a party obtains new evidence that is material and could make a significant impact on the case or outcome, they can file this motion to request the default judgment to be set aside. The evidence should not have been reasonably discoverable earlier in the litigation process. 4. North Dakota Motion to Set Aside Entry of Default and Default Judgment — Improper Service: When a party can prove that they were not properly served with the lawsuit documents or that the service was defective, they can file this motion to challenge the entry of default and default judgment, arguing that they were denied their right to due process. In summary, a North Dakota Motion to Set Aside Entry of Default and Default Judgment is a legal tool allowing a party to request the court to reverse a default judgment and entry of default based on valid reasons. Whether it's due to lack of notice, excusable neglect, newly discovered evidence, or improper service, the goal is to reopen the case and proceed with the litigation on a fair and just basis.
