Puerto Rico 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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Multi-State
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US-01586BG
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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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  • Preview Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action
  • Preview Motion to Vacate or Set Aside Judgment of Dismissal Due to Mistake, Inadvertence, or Excusable Neglect and to Reinstate Cause of Action
  • Preview 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

A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.

Section 473 - Mistake, inadvertence, surprise or excusable neglect (a) (1) The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in ...

Under CCP § 473(b), the court may set aside a default and default judgment if the defendant asking for the set aside presents enough evidence to the court to demonstrate that the default was entered by inadvertence, mistake, surprise, or excusable neglect.

Under CCP § 473(b), the court may set aside a default and default judgment if the defendant asking for the set aside presents enough evidence to the court to demonstrate that the default was entered by inadvertence, mistake, surprise, or excusable neglect.

California Code of Civil Procedure section 473(b) provides in pertinent part, "The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable ...

CAL. § 473 provides, in part: "The court may, upon such terms as may be just, relieve a party or his legal respresentative from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise or ex- cusable neglect.

CODE CIV. PROC. § 473 provides, in part: "The court may, upon such terms as may be just, relieve a party or his legal respresentative from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise or ex- cusable neglect.

California Code of Civil Procedure section 473(b) provides in pertinent part, "The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable ...

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