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Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake...

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

Category:

Family Law - Divorce - Judgments

State:

Multi-State

Control #:

US-01586BG

Format:

Instant download

Description

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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How to fill out 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

Rule 1-004(F)(3) provides that service may be made by delivering a copy of the summons and complaint to the person apparently in charge of the actual place of business of the defendant and mailing a copy of the summons and complaint to the defendant both at the defendant's last known mailing address and also the ...

Final judgments and decrees, entered by district courts in all cases tried pursuant to the provisions of this section shall remain under the control of such courts for a period of thirty days after the entry thereof, and for such further time as may be necessary to enable the court to pass upon and dispose of any ...

If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the ...

To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.

Dismissal for failure to prosecute. Any action pending for six (6) months from the date the complaint is filed, in which the plaintiff or defendant asserting a counterclaim has failed to take all available steps to bring the matter to trial, shall be dismissed without prejudice.

MOTION TO SET ASIDE DEFAULT JUDGMENT: This is a request to set aside a Default Judgment that already has been entered by the Court. In order to set aside a Default Judgment, the Defendant must provide a good reason why he or she failed to Answer or appear at a hearing.

A judgment obtained through a common law action on a prior judgment or through any other means of revival of a prior judgment shall not be enforceable after fourteen years from the date of the original judgment upon which it is founded.

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

Description

Related forms

How to fill out Motion To Vacate Or Set Aside Judgment Of Dismissal Due To Mistake, Inadvertence, Or Excusable Neglect And To Reinstate Cause Of Action?

Form popularity

FAQ

What is the rule 1 004 in NM?

How long does a judge have to rule on a motion in New Mexico?

What is the rule 1 041 in New Mexico?

What does it mean to set aside a Judgement?

How long can a case be dismissed without prejudice in New Mexico?

What is a motion to set aside default Judgement in NM?

What is the statute of limitations on a Judgement in New Mexico?

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

Description

Related forms

How to fill out Motion To Vacate Or Set Aside Judgment Of Dismissal Due To Mistake, Inadvertence, Or Excusable Neglect And To Reinstate Cause Of Action?

Form popularity

FAQ

What is the rule 1 004 in NM?

How long does a judge have to rule on a motion in New Mexico?

What is the rule 1 041 in New Mexico?

What does it mean to set aside a Judgement?

How long can a case be dismissed without prejudice in New Mexico?

What is a motion to set aside default Judgement in NM?

What is the statute of limitations on a Judgement in New Mexico?

New Mexico Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action Related Searches

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