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 "Motion to Vacate or Set Aside Entry of Default and Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect" is a legal process available in Oklahoma to request the court to overturn a default judgment that was entered due to certain specific reasons. This motion provides an opportunity for the party against whom a default judgment was made to present valid grounds to challenge the judgment's validity and seek its reversal. Oklahoma recognizes different types of motions to vacate or set aside an entry of default and default judgment, each addressing specific circumstances. These include: 1. Mistake: If a default judgment was entered due to an inadvertent or accidental error, such as a mix-up in court documents or a misunderstanding, a party can file a motion to vacate based on a mistake. By demonstrating that the default judgment was the result of an honest mistake, the court may grant relief. 2. Inadvertence: In some cases, a party may fail to respond to a lawsuit within the required time due to oversight or inadvertence. A motion to set aside entry of default and default judgment due to inadvertence allows the party to request the court to consider the circumstances that led to the oversight and provide an opportunity to defend the case on its merits. 3. Surprise: If a party can show that they were completely caught off guard or surprised by the entry of default and the subsequent default judgment, they can file a motion to vacate on the grounds of surprise. This may occur if the party was unaware of the lawsuit or if they were unable to respond due to exceptional circumstances. 4. Excusable Neglect: The court may consider a motion to set aside entry of default and default judgment based on excusable neglect. This type of motion typically applies when a party can demonstrate that their failure to respond within the prescribed time was due to a reasonable cause or unavoidable circumstances, such as illness, personal tragedy, or other legitimate factors beyond their control. When filing a motion to vacate or set aside entry of default and default judgment in Oklahoma, it is crucial to carefully outline and support the specific grounds relied upon, whether it be mistaken, inadvertence, surprise, or excusable neglect. It is essential to provide a detailed explanation of the reasons behind the failure to respond timely and compelling arguments as to why the default judgment should be overturned. Furthermore, it is crucial to adhere to the legal requirements and procedural rules prescribed by the Oklahoma courts when drafting and filing such a motion. Seeking the guidance of an experienced attorney who specializes in Oklahoma civil procedure can be highly beneficial in navigating the complexities of these proceedings and increase the chances of a successful outcome.
