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 New Hampshire motion to vacate or set aside entry of default and default judgment due to mistake, inadvertence, surprise, or excusable neglect is a legal procedure aimed at rectifying an erroneous default judgment that has been entered in a case. Default judgments are typically issued when a party fails to respond or appear in court, which can lead to severe consequences for the defaulting party. However, under certain circumstances, the court may grant relief from the default judgment. There are several scenarios under which a motion to vacate or set aside entry of default and default judgment may be filed in New Hampshire. These include: 1. Mistake: If there was a genuine mistake or error in failing to respond or appear in court, a party can seek to vacate or set aside the default judgment. This could arise from miscommunication, misunderstandings, or any other genuine misunderstanding. 2. Inadvertence: In cases where the defaulting party unintentionally failed to respond or appear due to oversight or negligence, they can argue that the default judgment should be vacated or set aside. Inadvertence refers to a lack of awareness or attention. 3. Surprise: If the defaulting party was genuinely surprised by the entry of default judgment, they may file a motion to vacate or set aside the default judgment. This could occur when a party was unexpectedly unable to respond or appear in court due to unforeseen circumstances. 4. Excusable neglect: This category encompasses situations where the defaulting party's failure to respond or appear was due to reasonable circumstances beyond their control. This might include illness, emergencies, or any other valid excuse that prevented them from fulfilling their obligations in the case. To successfully file a motion to vacate or set aside entry of default and default judgment in New Hampshire, the following factors should generally be addressed: 1. Timeliness: Generally, the motion must be filed within a reasonable time after discovering the entry of default judgment. Delay in filing may weaken the argument for vacating or setting aside the judgment. 2. Valid Reason: The motion should clearly articulate the grounds for vacating or setting aside the judgment, such as mistake, inadvertence, surprise, or excusable neglect. Supporting evidence, affidavits, or documentation should be provided to establish the validity of the claimed reason. 3. Meritorious Defense: A party seeking relief should demonstrate that they have a valid defense or claim that could impact the outcome of the case if given the opportunity to have their day in court. Essentially, they must show that the default judgment was entered erroneously and that they have a reasonable chance of success if the judgment is vacated. 4. Prejudice to Opposing Party: The motion should address any potential prejudice that could arise if the default judgment is vacated or set aside. It is crucial to demonstrate that the opposing party would not suffer unreasonable harm or undue delay if relief is granted. 5. Compliance with Court Rules: The motion must comply with all relevant court rules and procedures for filing and serving documents. A New Hampshire motion to vacate or set aside entry of default and default judgment due to mistake, inadvertence, surprise, or excusable neglect provides a crucial opportunity for a defaulting party to rectify any potential errors or misunderstandings that led to the entry of a default judgment. However, it is essential to thoroughly understand the requirements and criteria for such a motion to ensure the best chance of success in seeking relief.
