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 Nevada Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect is a legal remedy available to parties who have had a default judgment entered against them due to certain circumstances. This motion allows the affected party to request the court to overturn the default judgment and return the case to its previous state. In Nevada, there are various situations where a motion to vacate or set aside a default judgment can be applicable. These include mistakes made by either party, any inadvertent actions, situations where there was surprise involved, or instances where excusable neglect can be proven. Each scenario can form the basis for a different type of motion, which is discussed below. 1. Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake: This type of motion is applicable when an error or mistake has occurred in the process of obtaining the default judgment. It could involve incorrect information or a misunderstanding of legal procedures. 2. Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Inadvertence: Inadvertence refers to an unintentional action or oversight leading to the entry of a default judgment. This motion seeks to rectify the error caused by the inadvertent act. 3. Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Surprise: This type of motion focuses on situations where one party was caught off guard by unexpected circumstances or events during the legal proceedings. If the surprised party can demonstrate that they were not given an adequate opportunity to present their case, they can request the default judgment to be set aside. 4. Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Excusable Neglect: Excusable neglect is a legal term that refers to justifiable failure to meet a legal obligation, such as missing deadlines or failing to respond timely due to unforeseen circumstances. Parties seeking relief under this motion must demonstrate that their neglect was reasonable under the given circumstances. When filing a Nevada Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect, it is crucial to provide detailed and factual explanations of the circumstances leading to the default judgment. Including relevant evidence, supporting documents, and legal arguments will strengthen the motion and increase the chances of a successful outcome. It is important to note that the specific procedures and requirements for filing a motion to vacate or set aside a default judgment can vary depending on the court jurisdiction and individual case circumstances. Consulting with an experienced attorney familiar with Nevada civil procedure law is advisable to navigate the process effectively.
