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.
Nebraska Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect
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How to fill out Affidavit Supporting Notice Of Motion For Vacation Or Setting Aside Of Default Judgment Due To Mistake, Inadvertence, Surprise, Or Excusable Neglect?
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Vehicles approaching or entering intersection at same time; right-of-way; entering a highway or roadway. (1) When two vehicles approach or enter an intersection from different roadways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
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.
The purpose of an order nunc pro tunc is to correct clerical or formal errors in order to make the record correctly reflect the judgment actually rendered by the court.
45-103. Interest; judgments; decrees; rate; exceptions. (2) An action founded upon an oral or written contract in which the parties have agreed to a rate of interest other than that specified in this section. Source:Laws 1879, § 3, p.
Willful disobedience of or resistance willfully offered to any lawful process or order of court constitutes criminal contempt. In re Application of Niklaus, 144 Neb. 503, 13 N.W. 2d 655 (1944).
No action at law or equity may be brought or maintained attacking the validity or enforceability of or to rescind or declare void and uncollectible any written contract entered into pursuant to, in compliance with, or in reliance on, a statute of the State of Nebraska which has been or hereafter is held to be ...
If a default judgment is entered against you, you can file a Motion to Set Aside, Modify or Vacate that judgment (CC ) with the county court instead of filing an appeal. The motion must be filed within 30 days after the entry of judgment.
In order to qualify for treatment as a motion to alter or amend a judgment, a motion must be filed no later than 10 days after the entry of judgment and must seek substantive alteration of the judgment.