Motion To Set Aside Order

 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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Description Motion To Set Aside Conviction

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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Motion To Set Aside Order Sample Other Form Names

Motion To Set Aside Default Judgment Form   Motion To Set Aside Judgment Georgia Form   Judgment Of Dismissal   Motion To Vacate Dismissal Bankruptcy   Motion Vacate Dismissal Form   Vacate Dismissal   Aside Judgment Form  

FAQ

What is a default Judgement against you?

How do you challenge a default Judgement?

How do you reverse a Judgement?

How do you get a default Judgement removed?

What is excusable neglect example?

How do I file a motion to vacate a Judgement in California?

What constitutes excusable neglect?

What happens after motion for default Judgement?

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